JAMES v. KEENE

No. 58-647.

121 So.2d 186 (1960)

Marion A. JAMES and Donald V. James, Her Husband, Appellants, v. Eunia D. KEENE and John B. Keene, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 30, 1960.


Attorney(s) appearing for the Case

Fuller & Brumer, Miami, for appellants.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellees.


HORTON, Chief Judge.

The controlling question on this appeal is the correctness of the court's ruling on the plaintiffs' requested jury instruction relative to the doctrine of last clear chance. The court refused to give the instruction and the jury returned a verdict in favor of the defendants. This appeal followed.

The facts reveal that the plaintiff, Marion James, was attempting to cross Biscayne Boulevard, a four-lane thoroughfare, near the intersection...

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