Story v. Cox

A jury verdict resulted in a judgment denying plaintiffs damages in a wrongful death action. The only question involved is whether, under the evidence, the court committed prejudicial error in refusing plaintiffs’ instruction based on the doctrine of last clear chance, and one in the language of B.A.J.I. No. 205, bearing on the same doctrine. The record comes to us under a settled statement. There is very little conflict in reference to the facts.

The accident happened on April 18, 1951, about 7:20 in the evening, at the intersection of Lampson and West Streets, in the rural section of Orange…