BARNARD v. CREWS

No. H-286.

194 So.2d 44 (1967)

Grady A. BARNARD, a Minor, by His Next Friend and Natural Guardian, Clara Irene Barnard, and Clara Irene Barnard, Individually, Appellants, v. David John CREWS, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied February 9, 1967.


Attorney(s) appearing for the Case

Victor E. Raymos and Lewis, Paul & Bennett, Jacksonville, for appellants.

Howell, Kirby, Montgomery, Sands & D'Auito, Jacksonville, for appellee.


PER CURIAM.

In this negligence action appellants' principle grievance is the trial judge's refusal to charge the jury as to the doctrine of last clear chance. This doctrine is applicable only where the defendant has the opportunity to avoid injuring the plaintiff. Here, the only direct evidence reflects that defendant saw the plaintiff, who was riding a bicycle, when he was fifteen feet away from defendant's automobile. There is no evidence that plaintiff saw defendant...

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