MILLWEE, Justice.
This is an action by plaintiff, Curtis Burr, to recover damages for serious personal injuries sustained when he was struck by a car owned and being driven by the defendant, L. C. Harvey, on the night of March 23, 1952 on State Highway No. 81 near the village of Yorktown in Lincoln County. The case was heard and submitted to the jury solely upon the doctrine of "last clear chance" or "discovered peril", resulting in a verdict and judgment in plaintiff...
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