W. W. O'Neal v. Fred Gordon Lahnala

TUTTLE, Circuit Judge.

This is an appeal from the judgment in a negligence suit in which the jury found for the defendant, who is the appellee here. The only question presented is. whether the lower court erred in failing to charge the jury with reference to the doctrine of last clear chance. 1 The trial •court instructed the jury that the defendant was negligent in that he approached the scene where he knew something was unusual but failed to observe sufficiently to have discovered the plaintiff on or beside the highway and failed to take ■such care and precautions as the circumstances…