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Torts-Last Clear Chance Doctrine-Position Of Peril

Michigan Law Review

The trial court refused to give an instruction to the effect that "if the jury believed that the decedent, by her own negligence, had placed herself in a position of peril, and the defendant saw and realized her condition in time to avoid the accident by the exercise of ordinary care, but failed to do so, the defendant was solely responsible for her death." Held, that the instruction was rightly refused. Sadler v. Benson (Cal. App. 1930) 293 Pac. 126.