Brown

Brown v. Yocum

Good Law
113 Cal. App. 621·1931 Cal. App. LEXIS 1050·298 P. 845
Court of Appeal of CaliforniaApril 24, 1931Docket No. 4175.California1,222 words

Opinion

Lead Opinion

This is an action brought by the plaintiff to recover damages on account of the death of her husband, which occurred in an automobile collision. Verdict and judgment went for defendant, and this appeal is prosecuted therefrom.

A reversal is sought on account of error in giving and refusing certain instructions to the jury.

Plaintiff and her husband were driving their automobile along a road which intersected a main highway and terminated there. As they drove into this highway they started to make a left turn, and in so doing failed to pass around the center of the intersection and “cut the corner”. Defendant was approaching along the main highway to the left of plaintiff, and just as the latter emerged from the intersection a collision occurred, which resulted in the death of the husband. The foregoing evidence is undisputed.

At the instance of plaintiff, the juiy was instructed upon the doctrine of “last clear chance”. At the request of defendant, the court gave three instructions concerning the general law of speed and contributory negligence. Each of these last three instructions concludes with the formula to the effect that if the jury so find they must bring in a verdict…

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