WASSERMAN v. MILLER

No. 61-354.

143 So.2d 210 (1962)

Celia WASSERMAN, As Administratrix of the Estate of Herman Wasserman, Deceased, and Celia Wasserman, Widow of Herman Wasserman, Deceased, Appellant, v. Sotir Larche MILLER and Winbrook, Inc., of Miami, a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 7, 1962.


Attorney(s) appearing for the Case

Kelner & Lewis and Fred Patrox, Miami, for appellant.

Knight, Smith, Underwood & Peters, Miami, for appellees.

Before PEARSON, TILLMAN, C.J., and CARROLL and HENDRY, JJ.


PEARSON, TILLMAN, Chief Judge.

The plaintiff in a wrongful death action appeals a final judgment based upon a jury verdict for the defendant. The sole point presented claims error because of the trial judge's refusal of plaintiff's requested instruction upon the doctrine of last clear chance. We reverse for a new trial.

The law has been settled in this jurisdiction as to the factual elements which, if they appear in the record, require an instruction on last...

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