YOUNGDAHL, District Judge.
Plaintiff was struck by defendant's automobile on December 19, 1957, at approximately 6:45 A.M. He brought suit against the defendant, contending that the defendant's negligence in the operation of his automobile proximately caused plaintiff's injuries. Defendant denied negligence and contended that plaintiff was contributorily negligent. This the plaintiff denied, and, alternatively, he relied on the doctrine of last clear chance.
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