Fowler v. Midstate Hauling Co.

WARREN, LAMAR, Associate Judge.

The plaintiff sued the defendants for damages resulting from the'fatal injury of his three-year old son, allegedly caused by the negligent operation of the truck of the defendant, Midstate Hauling Co., by the defendant driver, Robert O. Knight. The jury returned a verdict for the defendants and, after denial of a motion for new trial, the plaintiff appealed.

Among the points raised by the plaintiff on appeal are the giving of instructions on sudden emergency and darting out, and the failure to give one proffered on last clear chance. The first two instructions…