Simmer v. City & County of San Francisco

In an action for personal injuries, plaintiff appeals from a judgment for defendant based upon a jury verdict.

Question Presented

Should the court, as requested, have instructed on last clear chance 1

Evidence

One Eaton was the operator of a trackless trolley bus belonging to defendant’s municipal railway. As the bus approached the intersection of Hayes and Fillmore Streets, Eaton saw plaintiff at the near corner standing on the sidewalk. Eaton testified plaintiff was drunk. (Plaintiff testified that he had had only one drink of whiskey and the proverbial “couple of beers.”.) Eaton stopped the…