Fleharty v. Boltzen

WOOD (Fred B.), J.

Plaintiff sustained personal injuries and property damage when his automobile collided with a truck owned by defendants Louis and Guido Stagi and driven by defendant Boltzen, on Highway 4 at or near Fourth Street in Oakley, California, about 1:30 p. m. on June 23, 1952. Verdict a-nd judgment were for the defendants and plaintiff has appealed.

Plaintiff requested and the court refused instructions on last clear chance. The only questions upon this appeal are whether or not it was error not to give appropriate instructions on that subject * and, if error, was it prejudicial?

The…