Bailey v. Wilson

This is an appeal in a personal injury action from an order of the superior court granting a new trial on the ground of “errors of law” after a verdict in favor of the defendant. The defendant assigns as error the abuse of the court’s discretion in granting the new trial. The court refused to give to the jury instructions requested by the plaintiffs, covering the doctrine of last clear chance, and the sole question necessary for determination on this appeal is whether the court should have instructed the jury on this doctrine. If the court should have done so the order must be affirmed.

The…