CAWOG v. ROTHBAUM

Docket No. 23033.

165 Cal.App.2d 577 (1958)

331 P.2d 1063

JOHN CAWOG, Respondent, v. HARRY LEONARD ROTHBAUM et al., Appellants.

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

November 28, 1958.


Attorney(s) appearing for the Case

Chase, Rotchford, Downen & Drukker, Hugh B. Rotchford and Otto M. Kaus for Appellants.

Hirson & Horn, Herbert L. Hirson, Theodore A. Horn, Philip F. Marantz, John Joseph Hall, Gustave L. Goldstein and Charles D. Munro for Respondent.


LILLIE, J.

Defendants appeal from a judgment in favor of plaintiff in a personal injury action. The matter was heard by a jury and a verdict of $7,500 resulted. Plaintiff's cause of action was based on negligence and wilful and wanton misconduct. Affirmative defenses raised by the answer were contributory negligence and assumption of risk.

Appellants claim the trial court erred: in the manner in which the jury was instructed on the last clear chance doctrine...

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