Evans v. Dineen

HAYS, Justice.

The plaintiff below appeals from an adverse judgment in an action arising out of a collision between an automobile and a horse in North Phoenix. The only question for determination on this appeal is whether the trial court correctly refused to instruct the jury as to the doctrine of Last Clear Chance.

At midday on a sunny Sunday in November, 1964, plaintiff and her male companion were riding horses in a westerly direction along the right hand side of Orchard Lane. Defendant’s automobile, driven by defendant and carrying two of defendant’s minor .children, was headed in the same…