Douglas v. Hackney

Upon an appeal from a final judgment entered pursuant to a jury verdict for the defendant, the plaintiff urges error in that the trial judge refused requested charges upon the doctrine of last clear chance. We hold that under the facts revealed by the record, the issue was not raised, and we affirm.

The action arose out of a fatal accident where the deceased was struck by defendant’s automobile while she was crossing a busy thoroughfare at night. There were no eye witnesses. The impact was not at an intersection. There was no evidence that the defendant was not proceeding at a lawful and…