STORY v. COX

Docket No. 5032.

130 Cal.App.2d 231 (1955)

278 P.2d 720

MARIE STORY et al., Appellants, v. CARL ARTHUR COX, JR., Respondent.

Court of Appeals of California, Fourth District.

January 14, 1955.


Attorney(s) appearing for the Case

Richmond, Bradley & Barnes and Robert S. Barnes for Appellants.

Head, Jacobs, Corfman & Jacobs for Respondent.


GRIFFIN, J.

A jury verdict resulted in a judgment denying plaintiffs damages in a wrongful death action. The only question involved is whether, under the evidence, the court committed prejudicial error in refusing plaintiffs' instruction based on the doctrine of last clear chance, and one in the language of B.A.J.I. No. 205, bearing on the same doctrine. The record comes to us under a settled statement. There is very little conflict in reference to the facts.

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