Pearce

Plaintiff sued for damages for personal injuries received in a collision between an automobile driven by the defendant and one driven by her husband in which she was riding. Trial was by jury and the verdict was for defendant. Plainfiff appeals and assigns as error the giving and refusing to give certain instructions to the jury.

The details of how the collision occurred were differently described by different witnesses. Some placed it at the intersection of Old Homestead Road and the State Highway and others placed it thirty or forty feet north of that point. The chief point relied upon by appellant is the refusal of the court to give any instruction upon the doctrine of last clear chance. To show how this doctrine can be invoked by her, appellant relieS upon the version of the accident as narrated by defendant’s witnesses rather than upon the version narrated by her own witnesses. It is as follows: Defendant came into the highway from Old Homestead Road, he turned to his right at the intersection and traveled along the highway on his right-hand side of said highway at a moderate rate of speed until he was struck by plaintiff’s machine. Plaintiff’s automobile was traveling upon…