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Rollman v. Morgan

Supreme Court of Arizona

February 25, 1952

ROLLMAN
v.
MORGAN

Rehearing Denied March 26, 1952.

Judgment reversed and cause remanded.

Jennings, Strouss, Salmon & Trask, of Phoenix, for appellant.

Moore & Romley and Charles L. Hardy, all of Phoenix, for appellee.

De Concini, Justice. Udall, C. J., and Stanford, Phelps and La Prade, JJ., concur.

OPINION

De Concini, Justice.

Charles W. Rollman, appellant (hereinafter referred to as plaintiff), brought suit against Elmer S. Morgan, appellee (defendant below), for personal injuries resulting from an automobile collision. The case was tried before a jury. The verdict [73 Ariz. 306] was for the defendant. Plaintiff appeals to this court from the judgment and from the denial of a motion for a new trial.

The accident occurred at the intersection of Fourth and Pierce streets in Phoenix. Neither of the streets were "stop" boulevards. It would serve no useful purpose to delineate the evidence as to how the accident occurred because the sufficiency of the evidence is not challenged.

As a result of the collision, plaintiff's car was damaged and he was severely injured.

Defendant's answer in the trial court denied negligence and alleged that any injury suffered by plaintiff was a result of the latter's sole negligence or contributory negligence.

The jury was properly instructed on such issues. However, certain other instructions were given by the court, over objection by plaintiff, and form the basis of this appeal.

Appellant makes four assignments of error. The first assignment is:

"The trial court erred in giving Defendant's Requested Instruction No. 10, submitting the doctrine of 'last clear ...


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