Schneider v. MacAri

CAMERON, Chief Justice.

This is an appeal from a judgment in favor of defendant-appellee, Mrs. Patricia Macari, and from an order denying plaintiff-appellant Jay Schneider’s motion for new trial.

We consider only one question on appeal and that is: Was it error for the trial judge to refuse to instruct the jury on the doctrine of last clear chance ?

We must view the evidence in the strongest possible light to support the plaintiff-appellant’s position, Evans v. Dineen, 105 Ariz. 44, 459 P.2d 304 (1969); Webb v. Hardin, 53 Ariz. 310, 89 P.2d 30 (1939); Towers v. Johnson, 11 Ariz.App. 455, 465…