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SIMMER v. CITY & COUNTY OF S.F.

Docket No. 15342.

116 Cal.App.2d 724 (1953)

254 P.2d 185

HARRY SIMMER, Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

Court of Appeals of California, First District, Division One.

March 17, 1953.

Attorney(s) appearing for the Case

Ben K. Lerer and Fred Leuenberger for Appellant.

Dion R. Holm, City Attorney, and Edward F. Dullea, Deputy City Attorney, for Respondents.

BRAY, J.

In an action for personal injuries, plaintiff appeals from a judgment for defendant based upon a jury verdict.

QUESTION PRESENTED

Should the court, as requested, have instructed on last clear chance?

EVIDENCE

One Eaton was the operator of a trackless trolley bus belonging to defendant's municipal railway. As the bus approached the intersection of Hayes and Fillmore Streets, Eaton saw plaintiff at the near corner standing...

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