Gonnermann

Action to recover damages for injuries resulting from negligence of defendant in operating an automobile.

Appellant’s statement of the matter involved in this appeal is: “The propositions involved on this appeal arise solely on the court’s refusal to grant defendant’s requested instruction No. 1 for a directed verdict in favor of the defendant.”

According to the evidence, the plaintiff stepped from the street-car into the street where there was sufficient room for the automobile driven by the defendant to have passed her without even going close either to her or to the cement curb on the near side of the street. In other words, if he had driven his ear halfway between the ear and the curb, there was sufficient room for him to pass without coming in contact with the plaintiff, or even proximately close to plaintiff. Therefore, the doctrine of “last clear chance” certainly cannot apply to the facts involved in this matter. The authorities cited by appellant do not cover the facts involved herein. As we view it, the question is merely whether the defendant, who if he had been looking would certainly have seen the plaintiff, could, in the exercise of ordinary care, have avoided…