
    Dorris W. McBEE and Ralph A. McBee, her husband, Appellants, v. Eugene Albert CAIN and Robert Russell Reynolds, Appellees.
    No. 69-103.
    District Court of Appeal of Florida, Fourth District.
    Aug. 31, 1970.
    Rehearing Denied Oct. 29, 1970.
    
      John M. Cain, Orlando, for appellants.
    James O. Driscoll, of Driscoll Baugh & LaGrone, Orlando, for appellee Eugene Albert Cain.
    Charles M. McCarty, Orlando, for ap-pellee Robert Russell Reynolds.
   OWEN, Judge.

The judgment is affirmed. We conclude that under the facts of this case and on the authority of Perdue v. Copeland, Fla.1969, 220 So.2d 617; Morse Auto Rentals, Inc. v. Kravitz, Fla.1967, 197 So.2d 817; and Connolly v. Steakley, Fla.1967, 197 So.2d 524, the court properly declined to give an instruction to the jury upon the doctrine of last clear chance. We are also of the opinion that the procedure followed by the court in reinstructing the jury on a specific point at the jury’s request following a period of deliberation was not error. Zanetti v. Weissler, Fla.App.1965, 179 So.2d 383.

CROSS, C. J., concurs.

WALDEN, J., dissents, with opinion.

WALDEN, Judge

(dissenting):

I am of the opinion that the trial court erred, under the facts, in failing to give an instruction upon the doctrine of last clear chance. While, as in many cases, there may be conflicting inferences and evidence, there is a fair basis in the record for the jury to believe that Mrs. McBee’s negligence, if any, had terminated at the time of the collisions. Thus, it was reversible error for the trial court to refuse to give a charge which laid down standards for the jury to follow under varying permissible views of the evidence, where the evidence was inconclusive or conflicting. Holley v. Kelley, Fla.1957, 91 So.2d 862; Barnes v. State, Fla.1957, 93 So.2d 863; Schweikert v. Palm Beach Speedway, Inc., Fla.1958, 100 So.2d 804.

I would reverse and remand for a new trial.  