Rogers v. Vance

This is an appeal by plaintiff from a judgment entered on a jury’s verdict for the defendant in an action for personal injuries. The action arose out of an accident occurring on August 4, 1969, when defendant’s auto struck Penny Lee Rogers, a small child.

No transcript of the evidence was designated by the plaintiff. The plaintiff’s only contention on this appeal is that the court erred in sustaining the defendant’s demurrer to the plaintiff’s amended reply alleging facts invoking the doctrine of last clear chance.

Plaintiff alleged violations of lookout, speed and control as acts of negligence…