Underwood v. Gardner

WADDILL, Commissioner.

The appellant, Elmer W. Underwood, a pedestrian, was struck and injured by an automobile driven by the appellee, Arlie Gardner. A verdict denied Mr. Underwood damages. Two principal grounds are urged for reversal: (1) error in failing to instruct on the “last clear chance;” and (2) error in giving instruction No. 3.

Jackson Highway (U. S. 31 E) runs approximately south from Hodgenville to the lower edge of Lincoln farm, then curves eastwardly toward Buffalo. On this curve Magnolia road intersects Jackson Highway from the south. At the junction of these roads there is a…