Folger v. Richfield Oil Corp.

The question for decision is whether the court erred in granting plaintiff’s motion for a new trial by reason of its failure to instruct the jury with respect to the doctrine of the last clear chance.

The complaint alleged that while plaintiff was proceeding in his sedan northward on Cherry Avenue in Long Beach at 9 :14 p. m. on December 17, 1944, defendants so negligently operated their 2-ton flat-bed truck as to cause it to collide with plaintiff’s car at the intersection of Wardlow Road, and that as a proximate result of such negligence plaintiff’s automobile was destroyed and he suffered…