Martin

The petition for hearing is denied. However, we expressly withhold our approval of the following statement in paragraph four of the opinion of the District Court of Appeal concerning the rule of last clear chance: “In any event, the situation presented by the evidence was such as to justify the conclusion that after defendant observed plaintiff in the street m a position of peril of which she was obviously unaware, he had the last clear chance to avoid colliding with her by diverting the course of his automobile to the left, which he readily could have done if he had been driving prudently and with due care, instead of swerving to the right.”

The plaintiff, Dolores Martin, about seventy years of age, while attempting to cross a public street in the business section of Santa Clara during the noon hour on a clear day, was knocked down and severely injured by a delivery automobile owned and driven by the defendant Joe Vierra; and she brought this action against him for damages. At the trial the cause was submitted to the determination of a jury on three issues of fact, namely, negligence of defendant, negligence of plaintiff, and the last clear chance; and a verdict was rendered in favor of plaintiff for the sum of $2,500. From the judgment entered thereon the defendant appeals. Summarized, the grounds urged for reversal are *89 that the trial court erred in refusing to grant defendant’s motion for a directed verdict; that there was a want of evidence to justify the submission to the jury of the issue of the last clear chance; and that the jury was erroneously instructed. We are satisfied that no prejudicial error has been shown.

The law governing the right of a trial court to grant a motion for directed verdict is well settled. As said in the Estate of Lances, 216 Cal. 397 [ 14 Pac. (2d) 768 ], wherein numerous earlier…

Knight, J.

The plaintiff, Dolores Martin, about seventy years of age, while attempting to cross a public street in the business section of Santa Clara during the noon hour on a clear day, was knocked down and severely injured by a delivery automobile owned and driven by the defendant Joe Vierra; and she brought this action against him for damages. At the trial the cause was submitted to the determination of a jury on three issues of fact, namely, negligence of defendant, negligence of plaintiff, and the last clear chance; and a verdict was rendered in favor of plaintiff for the sum of $2,500. From the judgment entered thereon the defendant appeals. Summarized, the grounds urged for reversal are that the trial court erred in refusing to grant defendant's motion for a directed verdict; that there was a want of evidence to justify the submission to the jury of the issue of the last clear chance; and that the jury was erroneously instructed. We are satisfied that no prejudicial error has been shown.

[1] The law governing the right of a trial court to grant a motion for directed verdict is well settled. As said in the Estate of Lances, 216 Cal. 397 [14 PaCal.2d 768], wherein numerous…