Wray v. Hughes

MORRIS, Chief Judge.

Plaintiff assigns as error various rulings by the trial court as to the sufficiency of the evidence on the issues of plaintiff’s contributory negligence, defendant’s negligence, and as to certain instructions to the jury. In particular, plaintiff argues that the court erred in failing to charge the jury on the doctrine of last clear chance. Upon a careful review of the evidence presented, we conclude that there was evidence which would have supported a charge on the issue of last clear chance. Plaintiff is, therefore, entitled to a new trial.

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