McALLISTER v. KYLES

Docket No. 24386.

186 Cal.App.2d 327 (1960)

8 Cal. Rptr. 909

AUSTIN J. McALLISTER, Respondent, v. BEN ALVIN KYLES, Appellant.

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

November 14, 1960.


Attorney(s) appearing for the Case

Jorz & Sawtelle and Kenneth H. Clausen for Appellant.

Nathan Goller for Respondent.


SHINN, P.J.

By verdict and judgment plaintiff recovered damages for injuries suffered when he was struck by defendant's car as he was crossing the street at an intersection. [1] Upon defendant's appeal the sole contention is that it was error to instruct in the doctrine of last clear chance. We are of the opinion that it was a proper case for application of the doctrine.

There was evidence of the following facts: Pico Boulevard

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