Brophy v. Weschler

PINE, Associate Justice.

Defendant has moved for a new trial. The principal point is whether the court erred in giving an instruction on the last clear chance doctrine — not whether it was correctly given but whether the evidence justified it.

The action is for damages growing out of a collision between two automobiles. The collision occurred at 8:45 A. M., November 9, 1938. The streets were dry and the weather was clear. It occurred at the intersection of Independence Avenue and Second Street, S.W. Plaintiff was operating his automobile in an easterly direction on Independence Avenue;…