Does the last paragraph of the last clear chance instruction on contributory negligence in a motor vehicle accident case conflict with the previous paragraph in a similar case?

California, United States of America


The following excerpt is from Perrotti v. Sampson, 10 Cal.Rptr. 372, 188 Cal.App.2d 238 (Cal. App. 1961):

This instruction was proper, as in this case, the question of the applicability of the doctrine was a question of fact for the jury. Appellant argues that the last paragraph of the last clear chance instruction conflicted with the above quoted instruction on contributory negligence.

An identical contention was held untenable in Garibaldi v. Borchers Bros., 48 Cal.2d 283, 309 P.2d 23.

Other Questions


What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
In a motor vehicle accident case, can plaintiff argue that the instruction on contributory negligence should have been given? (California, United States of America)
What is the test for giving the last clear chance instruction in a motor vehicle accident? (California, United States of America)
What is the effect of different jurisdictions' comparative negligence statutes on the doctrine of contributory negligence in a motor vehicle accident? (California, United States of America)
Does section 3110 of the Ontario Motor Vehicle Code of Civil Procedure (Motor Vehicle Accident and Accident Benefits Act) apply to a mechanic's lien claimant? (California, United States of America)
Can the Court of Appeal overturn a finding of negligence and contributory negligence in a motor vehicle accident? (California, United States of America)
Does the phrase "as a result of" in a motor vehicle accident apply to a section of the Motor Vehicle Accident Act? (California, United States of America)
Is there a mistake in the instruction of sua sponte instruction on accident in a motor vehicle case? (California, United States of America)
In a motor vehicle accident case, how have the courts interpreted the standard factor (a)-(b) and (b) instruction in determining the severity of the accident? (California, United States of America)
Can a plaintiff bring an action under the California Motor Vehicle Accident Prevention Act for damages arising out of a motor vehicle accident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.