Does the last paragraph of the last clear chance instruction on contributory negligence in a motor vehicle accident case conflict with the previous paragraph in a similar case?
California, United States of America
The following excerpt is from Perrotti v. Sampson, 10 Cal.Rptr. 372, 188 Cal.App.2d 238 (Cal. App. 1961):
This instruction was proper, as in this case, the question of the applicability of the doctrine was a question of fact for the jury. Appellant argues that the last paragraph of the last clear chance instruction conflicted with the above quoted instruction on contributory negligence.
An identical contention was held untenable in Garibaldi v. Borchers Bros., 48 Cal.2d 283, 309 P.2d 23.
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