Stranczek v. Burch

MOISE, Justice.

This appeal involves the single question of whether or not the trial court erred in-not submitting to the jury the question of last clear chance in a case involving an intersection collision.

Last clear chance had been pleaded.. Very briefly, the proof showed that plaintiff-driver (she is joined as plaintiff by her husband and insurance carrier) was traveling west on Roma in the City of Albuquerque at about 7:30 a. m. on February 25, 1957. Plaintiff testified that as she approached the intersection with Ortiz Street she looked to right and left but did not see defendant…