Meadow Gold Products Co., a Corporation v. Harry W. Wright

BASTIAN, Circuit Judge.

This is an appeal by the defendant in the District Court from a jury verdict awarding appellee judgment for injuries sustained as a result of negligent operation of a motor truck by appellant’s employee. The sole question is whether the trial court erred in instructing the jury on the doctrine of last clear chance when this issue was not specifically framed by the pleadings or the pre-trial order and, in fact, not until the evidence was completed and argument on instructions was being had.

The pre-trial order entered in this case recited simply “that the issues are…