Ewing v. Biddle

*35Concurring Opinion.

Faulconer, J.

I concur in the result reached in the opinion written by Judge Prime. However, I am of the opinion that the judgment in this case should be affirmed without necessarily deciding some of the issues considered in such opinion.

I would affirm the judgment for the following reasons:

Appellant only argues as error the giving of appellee’s tendered Instructions Nos. 6 and 19, and the refusing to give appellant’s tendered Instructions Nos. 5, 16, 18 and 21.

Appellant’s tendered Instructions Nos. 16 and 21 involved the doctrine of “last clear chance” and, in my opinion,…