Szlafrak v. Donaldson

This is an appeal from a judgment based on a defendant’s verdict directed by the trial judge. Plaintiff-appellant, a pedestrian admittedly voluntarily intoxicated, was in the east-bound traffic lane of LaSalle Street, South Bend, at night time when she was struck and injured by an east-bound automobile being driven by appellee-defendant. Pursuant to a pre-trial order the case was tried on the theory of last clear chance. Remarks by the trial judge at the time he directed the verdict disclose that he was convinced that there was no evidence on which the jury could have found that defendant,…