Anselmo v. Morsing

On Petition eor Rehearing.

[March 15, 1932.]

Per Curiam;.

Appellant has filed herein a petition for a rehearing, reasserting his position that the doctrine of last clear chance was inapplicable to this case, and that the instruction upon that doctrine given by the trial court (discussed under subhead (3) of the Departmental opinion) constitutes reversible error.

Appellant did not except to this instruction, which was almost literally copied from one approved in Fredericks v. Seattle, 159 Wash. 224, 292 Pac. 427, upon the second phase of the law of last clear chance, upon the ground that the…