California, United States of America
The following excerpt is from Lovett v. Hitchcock, 13 Cal.Rptr. 14 (Cal. App. 1961):
The jury was properly instructed that plaintiff was entitled to the presumption of due care. The accident caused him a loss of memory and he was unable to testify to its occurrence. The testimony of witnesses produced by him is not such as to bar his reliance upon the presumption (see Gigliotti v. Nunes, 45 Cal.2d 85, 93, 286 P.2d 809).
As is apparent from our statement of the facts, the evidence was sufficient to warrant the instruction on last clear chance (See Bonebrake v. McCormick, 35 Cal.2d 16, 215 P.2d 728).
The instruction on the care required of a driver and a pedestrian probably is not erroneous. However, it perhaps
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Judgment reversed.
SHOEMAKER, J., concurs.
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