¶1The plaintiff, by way of reply to the allegation of contributory negligence, pleaded the defendant’s last clear chance to avoid the injury. The jury, having found the plaintiff was not con-tributorily negligent, left the issue of last clear chance unanswered. The defendant, therefore, may not be heard to complain.
¶2The case was tried in accordance with our decisions as to the matters of law involved and the jury settled the issues of fact.
¶3No error.