Ashbrook v. Willis

Action on plaintiff's petition and defendant's counterclaim for damages arising out of a collision between automobiles owned by plaintiff and defendant. The jury returned a $500 verdict for plaintiff and a $500 verdict for defendant. The trial court, upon motion, granted plaintiff a new trial for error in giving defendant's Instruction No. 5, submitting defendant's counterclaim on the "humanitarian" or "last chance" doctrine.

[1] Defendant assigns error in the sustaining of said motion on the ground said instruction was proper and maintains he is entitled to the reinstatement of his judgment…