Forwood v. Sutton

Opinion

THOMPSON, J.

Appellant, the plaintiff in a personal injury action, has appealed from an adverse judgment entered after a jury verdict for the *345defendant (respondent). The sole issue raised by this appeal concerns the propriety of the action of the trial court in refusing a jury instruction tendered by appellant on the doctrine of last clear chance. The instruction as tendered is conceded to be a correct statement of the law. The only question presented is thus the existence of evidence in the record to support the giving of the instruction. In determining the presence or absence of that…