Opinion
Argued October 2, 1963
Decided October 10, 1963
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LAWRENCE H. COOKE, J.
Kenneth A. MacVean for appellants.
Hyman C. Levine and Robert Orseck for respondent.
Judgment affirmed, with costs. We agree (1) that the rule as to last clear chance should not be charged to the jury in automobile collision cases except under exceptional circumstances, and (2) that, whether or not the rule was appropriately or correctly charged here, the result could not have been affected thereby. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.