SCHNEIDER v. MACARI

No. 11694.

111 Ariz. 483 (1975)

533 P.2d 540

Jay SCHNEIDER, a minor by his next best friend, Edgar Schneider, Appellant, v. Patricia MACARI and Jess Macari, her husband, Appellees.

Supreme Court of Arizona, In Division.

April 3, 1975.


Attorney(s) appearing for the Case

Meadow, Cheche, Nastro & Thrasher by Kenneth A. Winsberg, Phoenix, for appellant.

Lewis & Roca by John P. Frank, John A. Miller, T. Michael Daggett and Mary M. Schroeder, Phoenix, for appellees.


CAMERON, Chief Justice.

This is an appeal from a judgment in favor of defendant-appellee, Mrs. Patricia Macari, and from an order denying plaintiff-appellant Jay Schneider's motion for new trial.

We consider only one question on appeal and that is: Was it error for the trial judge to refuse to instruct the jury on the doctrine of last clear chance?

We must view the evidence in the strongest possible light to support the plaintiff-appellant's position...

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