California, United States of America
The following excerpt is from Christian v. Bolls, 7 Cal.App.3d 408, 86 Cal.Rptr. 545 (Cal. App. 1970):
Viewing the evidence in this light, which is sustained by the record, and reasonable inferences to be drawn therefrom, there was evidence on which the court should have instructed on the doctrine of last clear chance when requested so to do by the plaintiff. (Selinsky v. Olsen, Supra, 38 Cal.2d 102, 237 P.2d 645.) Thus, it was not an abuse of discretion for the court to grant a motion for new trial on the ground that instructions on last clear chance should have been given to the jury.
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