Heinecke v. Western Union Telegraph Co.

ROVER, Chief Judge.

A jury denied plaintiff recovery in his suit for injuries against Western Union. The sole error assigned in this appeal is the trial court’s refusal to give an instruction on the doctrine of last clear chance.

Plaintiff alleged in his complaint that he was struck by a Western Union messenger on a bicycle while crossing the street. His testimony tended to establish that after getting off a streetcar at a loading platform he checked the oncoming traffic from his position on the platform. Seeing none, he started to make his way to the opposite curb and had taken two steps into…