Ferner v. Casalegno

Plaintiff, in the middle of the night and while on foot and intoxicated, attempted to cross the Bay-shore Highway. He was hit by an automobile driven by defendant. In this action for the resulting injuries the major contention of plaintiff was that defendant had the last clear chance to avoid the accident. The trial court gave complete and proper instructions on that doctrine. The jury brought in a defendant’s verdict, and the trial judge denied plaintiff’s motion for a judgment notwithstanding the verdict. Plaintiff appeals from the judgment and from the order denying his motion, his major…