Helen v. F. Gay v. George M. Augur

PRETTYMAN, Circuit Judge.

This is an automobile accident case. Defendant was the successful party in a trial before a jury. The principal point made here' is that the trial court erred in refusing to give the jury an instruction on last clear chance.

Plaintiff Gay was seated in her husband’s car, which was parked, in violation of a traffic regulation, alongside a highway, facing and near the brow of a hill. Another car, in distress, was parked nearly opposite it, on the other side of the road and facing in the opposite direction. Defendant Augur came over the hill, saw a parked car, swerved to…