Selinsky v. Olsen

A motion for a new trial after judgment for defendant on the ground of refusal to give an instruction on the last clear chance doctrine was granted to plaintiff and defendant appeals.

We must view the evidence most favorable to the contention that the doctrine is applicable in reviewing the order appealed from, since plaintiff is entitled to an instruction thereon if the evidence so viewed could establish the elements of the doctrine. (Bonebrake v. McCormick, 35 Cal.2d 16 [215 P.2d 728] ; Alberding v. Pritchard, 97 Cal.App.2d 443 [217 P.2d 1012] ; 19 Cal.Jur. 745.)

Plaintiff’s car was parked…