Brown v. McCuan

This is an appeal by plaintiff from a judgment entered on a verdict of a jury for defendant. The plaintiff sued for damages resulting from personal injuries received when he was struck by defendant driving his own car. The main error urged on appeal is the refusal of the trial court to give instructions to the jury concerning defendant’s liability in the event he had the last clear chance to avoid the accident. Contrary to the usual practice on appeal, therefore, the facts will be viewed in the light most favorable to plaintiff and appellant on the above theory in order to determine whether…