Montoya v. Williamson

OPINION

MOISE, Justice.

Plaintiff-appellant, while walking across Candelaria Street in Albuquerque, was struck by an automobile being driven by defendant-appellee. It is clear that when, struck, plaintiff was crossing the street at a place other than a cross-walk, and it is. admitted that his conduct was negligent per se so that he would not be permitted to recover from defendant even if defendant were negligent, unless entitled under the facts to protection of the doctrine of last clear chance. At the close of the evidence, the trial court directed a verdict in favor of defendant, holding that…