Young v. Carlson

Plaintiff, Gaston Young, was injured when he was struck by an automobile operated by defendant, John W. Carlson. In this action for damages the plaintiff proffered properly drafted instructions on last clear chance. The trial court refused to give such instructions. The jury brought in a verdict for the defendant. Plaintiff appeals from the judgment entered on that verdict. His sole contention is that the instructions on last clear chance should have been given, and that it was prejudicial error to refuse to give them.

It is, of course, “the duty of the court to instruct on every theory of the…