Reale v. Kean

This action, to recover damages for personal injuries alleged to havé been caused by the negligence of the defendant, was originally instituted by the plaintiff’s decedent (hereinafter the plaintiff). He died thereafter, and the named plaintiff was substituted as party-plaintiff. The trial resulted in a defendant’s verdict, and the named plaintiff has appealed from the judgment rendered thereon. Her claim is that the trial court erred in denying her request that the jury be charged concerning the doctrine of last clear chance.1

I

In determining whether a trial court erred in not giving a…