Masterson

Action for damages for personal injuries sustained by plaintiff, a pedestrian, who was struck by an automobile while she was crossing a highway in Los Angeles County. Judgment upon a verdict was in favor of defendant. Plaintiff appeals from the judgment.

Appellant contends that the court erred in refusing to give certain instructions with reference to the presumption of due care and the doctrine of last clear chance.

The accident occurred on Rosecrans Boulevard about 400 feet west of the intersection of Rosecrans Boulevard and Cerise Street. Rosecrans Boulevard extends in an easterly and westerly direction and is straight and level for a considerable distance east and west of the place of the accident. The paved portion of Rosecrans is 30 feet wide and is divided by single white lines into three 10-foot lanes. On each side of the pavement there is a dirt shoulder 8 feet wide. There are no sidewalks, curbs, or street lights on Rosecrans.

Plaintiff Mrs. Masterson resided in a trailer park which is on the north side of Rosecrans and extends west from Cerise Street for a distance of approximately 400 feet. Plaintiff’s trailer home was near the west end of the trailer park. A…