PINE, Associate Justice.
Defendant has moved for a new trial. The principal point is whether the court erred in giving an instruction on the last clear chance doctrine — not whether it was correctly given but whether the evidence justified it.
The action is for damages growing out of a collision between two automobiles. The collision occurred at 8:45 A. M., November 9, 1938. The streets were dry and the weather was clear. It occurred at the intersection...
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