Casey v. Marshall

MORGAN, Judge.

In their motion for rehearing, defendants for the first time make the following claims: 1. Under the decision of this court in Santa Fe, P. & P. R. Co. v. Ford, 10 Ariz. 201, 85 P. 1072, we are committed to the rule of discovered peril in applying the last clear chance rule. 2. The instruction requested by plaintiff was insufficient in that it did not advise the jury that the driver of defendants’ car must have had the opportunity and the ability to have avoided the collision after he had discovered plaintiff’s peril.

In preparing the opiniqn here, we had considered the Santa Fe…