Di Sandro v. Griffith

The question presented by this appeal is whether the evidence in a personal injury action, involving an intersection automobile accident, required the giving of an instruction on the last clear chance doctrine. Appellants, the plaintiffs in the action, proposed such an instruction which the trial court refused to give, and this refusal is assigned as prejudicial error in their appeal from the judgment entered upon the verdict in favor of the respondents, the defendants in the action.

Granted the existence of substantial evidence, conflicting or otherwise, in support of each of the elements…