Hickambottom

Robin Hickambottom, by her guardian ad litem, maintains the present action against Robert Lee Whisler (called defendant) and Cooper Transportation Company, Inc., for the recovery of damages resulting from the alleged wrongful death of plaintiff’s father, Grady Hickambottom, caused by the collision of two motor vehicles. Verdict and judgment were in favor of defendants and plaintiff appeals.

The grounds of appeal are (1) failure of the court to give plaintiff’s instruction on the doctrine of last clear chance, (2) claimed prejudicial remarks of the court during the trial and (3) error in sustaining objections to evidence offered by plaintiff. We have concluded that the judgment is not vulnerable to attack upon any of the grounds urged.

Grady Hickambottom, traveling alone, was on his way from Pasadena to San Francisco, driving a sedan. About 3 a.m. he entered a service station at Tagus Ranch. Henry Cobb, who was on duty at the station, testified that the right rear tire of the car was flat; decedent discussed the purchase of a tire, was offered several different ones but did not make a purchase; his headlights were burning and a stop light came on when the brakes were applied, but…