Sadler

This is an action brought to recover damages on account of fatal injuries received by Sarrah E. Carlile in an automobile collision. It is filed by the administratrix of her estate.

The complaint contains three causes of action, the first being on account of the death of Mrs. Carlile; the second on account of injuries received by Earl Sadler, a minor, and the third on account of injuries received by Robert Sadler, a minor. A jury brought in a verdict for plaintiffs on the second and third causes of action and for defendant upon the first. This appeal is taken by the administratrix of Sarrah E. Carlile from the judgment rendered upon the first cause of action.

The sole question presented for consideration is whether or not the trial court erred in refusing to give the jury the following instruction upon the doctrine of “last clear chance”: “You are instructed that the party who has the last clear chance to avoid the accident, notwithstanding the previous negligence of his opponent, is considered solely responsible. If you believe from the evidence in this case that the deceased, Sarrah E. Carlile, was negligent in the operation of her automobile as she approached and entered the…