Mason v. Hart

CONLEY, J. pro tem. *

The plaintiff, Blueher Carl Mason, sued Robert Wallace Hart and his employer L. E. Shafer for personal injuries and property damage caused by a rear-end collision between plaintiff’s car and a CMC tractor driven by the defendant. Judgment on the jury’s verdict was entered in favor of plaintiff for $13,157.59. His motion for a new trial having been denied, defendant appealed.

Appellant urges only one contention on the appeal—that the trial court erred in giving an instruction based on the doctrine of last clear chance. This claim of error is twofold: he argues first, that…