Berton v. Cochran

In this action for damages resulting from a collision between a bicycle, which the minor plaintiff was riding from a private driveway onto a public highway, and an automobile, which the defendant was driving on the public highway, judgment upon a verdict was entered in favor of defendant. Plaintiffs appeal from the judgment upon the ground that the court erred in failing to give their requested instruction stating the last clear chance doctrine.

On August 13, 1945, about 6 p. m. and before dark, defendant was driving his automobile west on Valmont Avenue in Tujunga, and the plaintiff Robert…