Supreme Court of Florida December 16, 1941 (Miller v. Ungar)

lead-opinion

ADAMS, J:

This is an appeal from a judgment for the defendant based on a jury verdict in an action of tort.

The question is whether the Court erred by refusing to charge on the doctrine of last clear chance.

The plaintiff, an eleven year old boy, sought recovery on the following facts. Plaintiff was riding a bicycle on one of the busy streets of the City of Miami.