Walker

Plaintiff brought this action to recover damages for personal injuries which she alleged she sustained by reason of the negligence of the defendant. The jury having returned a verdict in favor of defendant, the plaintiff appeals from the ensuing judgment and from the order denying her motion for a new trial.

Plaintiff makes but two assignments of error. (1) That the evidence is insufficient to support the verdict. (2) That the court erred in refusing to give an instruction requested by her on the doctrine of last clear chance.

The accident in question occurred while the plaintiff was attempting to cross a driveway on the premises of the employer of both plaintiff and defendant. The driveway was one used by employees leaving the premises by automobile. There were two lines of cars moving towards the exit when plaintiff attempted to cross the drive by passing between defendant’s car and the one in front of it. The evidence was in conflict as to whether defendant’s car was in motion when plaintiff left a place of safety and stepped into the path of defendant’s car; and, as to whether plaintiff was seen by defendant before she was at point directly in front of defendant’s car and…