Hensley

By her guardian ad litem the minor plaintiff sought damages for personal injuries alleged to have resulted from the negligent operation by the defendant Dawson of a truck owned by the defendants Sellers, a partnership doing business as the Coca Cola Bottling Company of Sacramento, which we shall refer to as the company. Plaintiff appeals from the judgment entered pursuant to a verdict of the jury in favor of defendants. Since an order denying a new trial is not appealable, her purported appeal therefrom must be dismissed.

Our examination of the record leads to the conclusion that the ease must be reversed by reason of the failure of the trial court to give instructions on the doctrine of the last clear chance.

The evidence when viewed in the light “. . . most favorable to the contention that the doctrine is applicable ...” (Selinsky v. Olsen, 38 Cal.2d 102 [ 237 P.2d 645 ]) shows that while plaintiff was diagonally crossing Riverside Avenue in Yuba County she was struck by a 1%-ton Pord truck equipped for the delivery of soft drinks and owned by the defendant company. At that point Riverside Avenue-is approximately 20 feet wide and runs generally in a northerly-southerly…