¶1The petition for hearing is denied. However, we expressly withhold our approval of the following statement in paragraph four of the opinion of the District Court of Appeal concerning the rule of last clear chance: “In any event, the situation presented by the evidence was such as to justify the conclusion that after defendant observed plaintiff in the street m a position of peril of which she was obviously unaware, he had the last clear chance to avoid colliding with her by diverting the course of his automobile to the left, which he readily could have done if he had been driving prudently and with due care, instead of swerving to the right.”
34 Cal. App. 2d 86
Martin v. Vierra
Decided August 11, 1939
California Court of Appeal · decided 1939-08-11
Good law ✅— No negative treatment on recordhow we know
Decided 1939-08-11
How this case has been cited
Cited by 18 later decisions — most recently January 1985
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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