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UNION PACIFIC RAILROAD COMPANY v. MUNOZ

No. 18760.

326 F.2d 248 (1964)

UNION PACIFIC RAILROAD COMPANY, Appellant, v. Juan MUNOZ and Maria Munoz, Appellees.

United States Court of Appeals Ninth Circuit.

January 6, 1964.

Attorney(s) appearing for the Case

Edward C. Renwick, M. W. Vorkink, W. I. Kennedy and R. D. McClain, Los Angeles, Cal., for appellant.

Irving H. Green and Eliot Bernard Feldman, Los Angeles, Cal., for appellees.

Before CHAMBERS, ORR and BARNES, Circuit Judges.

BARNES, Circuit Judge.

This is an appeal by Union Pacific Railroad Company from a judgment in favor of appellees for personal injuries in a diversity action. 28 U.S.C. § 1332 (a) (1).

The sole question on appeal is whether the jury should have been instructed on the doctrine of last clear chance. It was instructed as follows:

"A certain reasoning process that we sometimes call to our aid in analyzing the facts of an accident case is known as...

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