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WILBUR v. CULL

Docket No. 8684.

145 Cal.App.2d 41 (1956)

302 P.2d 41

MERLE A. WILBUR et al., Appellants, v. DALE EUGENE CULL, Respondent.

Court of Appeals of California, Third District.

October 10, 1956.

Attorney(s) appearing for the Case

J. Adrian Palmquist, Stevenson, Hauck & Del Pero and Francis T. Cornish for Appellants.

Russell A. Harris for Respondent.

PEEK, J.

The sole contention made by plaintiffs in this appeal is that the trial court erred in refusing to instruct the jury on the doctrine of last clear chance.

[1] When we view the evidence, as we must, in the light most favorable to plaintiffs, "since plaintiff[s] ... [are] entitled to an instruction thereon if the evidence so viewed could establish the elements of the doctrine" (Selinsky v. Olsen, 38 Cal.2d...

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