the way across from the east side of Sixth Street, and he passed the center of Sixth Street before he was hit. The jury had a right to find from the evidence that the defendant could have seen the plaintiff under the conditions then prevailing. Since the disinterested witness to whom the Court has just referred saw the plaintiff from the other side of Sixth Street, the jury could have found that the defendant could have done likewise.
It is argued, however, that the plaintiff did not reach a position of peril under which the doctrine of last clear chance was applicable until after the plaintiff passed the safety zone located in the center of Sixth Street. It is contended by defense counsel that the defendant had a right to assume that the plaintiff would stop in the safety zone, and that, therefore, the plaintiff was not in a position of peril from which he could not extricate himself.
The Court is of the opinion that it was for the jury to determine the point at which the position of peril began. The jury could well have found that from the moment the plaintiff stepped off the sidewalk against a red light, he was in a position of peril and was in that position even before he reached the center of the street.
The Court is of the opinion that it would have been entirely reasonable for the jury to conclude that when a motorist sees a pedestrian in his path walking across a red light, he should have watched that pedestrian and assumed that the pedestrian was in a position of peril, and that the motorist had no right to assume that the pedestrian would necessarily stop. This is a question for the jury.
The Court, on analyzing its instructions to the jury on the doctrine of the last clear chance, is unable to find any defect in the instruction. It might be well to make a brief reference to the authorities.
The leading case on the doctrine of the last clear chance in this jurisdiction is Dean v. Century Motors, Inc., 81 U.S.App.D.C. 9, 154 F.2d 201. At page 11, 154 F.2d at page 202, Judge Wilbur Miller explained this doctrine as follows:
"The doctrine presupposes a perilous situation created or existing through the negligence of both the plaintiff and the defendant, but assumes that there was a time after such negligence had occurred when the defendant could, and the plaintiff could not, by the use of means available, avoid the accident."