Royal Kitchen Cabinet Corp. v. Palcic ex rel. Palcic

PEARSON, Judge.

The final judgment appealed is based upon a jury verdict in a personal injury action. The appellant, who was defendant in the trial court, presents three questions each based upon the court’s charge: (1) Did the evidence support a charge which was given upon the doctrine of last clear chance? (2) Did a reference to the doctrine as an exception prejudice the defendant by unduly emphasizing its possible application? (3) Did the court err in the refusal of certain charges requested by the defendant?

It readily appears that the decision upon each of these questions requires a…