Girdner v. Union Oil Co.

TYLER, J., pro tem.

Appeal from a judgment awarding plaintiff $5,000 for personal injuries and $500 damages to his' automobile, as the result of a collision between plaintiff’s automobile and an oil truck owned by defendant Union Oil Company, and driven by defendant Elam. The case was tried by the court sitting without a jury.

The sole question presented by the appeal is whether or not the facts in the case justify a recovery for plaintiff under the last clear chance doctrine. Appellant claims that the evidence is insufficient to support the findings and judgment. Primarily it may be stated…