Fletcher

J ohn E. Fletcher and Christina Fletcher, his wife, were injured by an automobile owned by defendant Roseman and driven by his agent Morris Starker in the course of his employment. John E. Fletcher brought an action to recover the damages sustained by him, and joined with his wife in another action to recover for the damages alleged to have been sustained by her injuries. The cases were consolidated for trial and judgments were awarded in both eases in favor of the respective plaintiffs and against defendants. From such judgments defendants have appealed.

Appellants admit that the evidence “is probably sufficient as a matter of law to sustain the finding of negligence”, but urge that the judgments must be reversed because the court gave an instruction to the jury involving the last clear chance doctrine, which it is contended there is no evidence to support.

Both plaintiffs testified that after alighting from a Pacific Electric car they crossed Huntington Drive on a line with the sidewalk along Sunset near Arcadia, where it ends in Huntington Drive; that when they were within about four feet of the opposite curb they were struck “like a shot out of a gun”; that defendants’ car…