Wilde v. Kelly

BARKDULL, Chief Judge.

Appellant, plaintiff in the trial court, appeals from an adverse final judgment entered upon a directed verdict at the con-*714elusion of all the evidence, subsequent to the trial judge indicating that he did not find that the doctrine of “last clear chance” was applicable and would not charge the jury on the doctrine. The appellant has appealed from this final judgment and assigned as error the failure to consider giving such a charge under the facts of the instant case.

It appears from the record that this was a pedestrian-automobile accident which occurred in the middle of…