Warren v. Ubungen

The sole question raised upon this appeal by plaintiff on a settled statement from a judgment based on a jury verdict in favor of defendant is whether or not the jury should have been instructed on last clear chance.

Evidence

The accident took place in daylight near the intersection of Pulgas Avenue and United States Highway 101 (Bayshore) in East Palo Alto. Bayshore then was not a freeway but consisted of four lanes, the two northbound lanes being separated from the southbound by a double white line. Bayshore runs generally north and south and is straight. Pulgas, two lanes wide, enters…