A demurrer admits the truth of the evidence of every fact which it in the slightest tends to prove and every reasonable deduction and conclusion to be drawn therefrom, and when measured by this rule, we cannot say that the lower court committed error in overruling the demurrer. Singer v. Citizens Bank of Headrick, 79 Okla. 267, 193 P. 41; Boatman v. Coverdale, 80 Okla. 9, 193 P. 874; Fairbanks, Morse Company v. Miller, 80 Okla. 265, 195 P. 1083; Eaton v. Shaff, 83 Okla. 27. 200 P. 428; Taylor v. Enid National Bank. 77 Okla. 74, 186 P. 232. It is contended by plaintiff in error that the court erred in giving certain instructions to the jury and in refusing others.
This court held that these facts raised a proper question for the jury and that the court correctly instructed on the theory of the last clear chance. In Elton v. Schan, 83 Okla. 27, 200 P. 428, and A., T. S.F. Ry. Co. v. Baker, supra, the court had before it cases involving this same point and based on facts which are identical in substance as here, and this rule was applied. The defendants further contend that this instruction is erroneous for the reason that it did not contain a provision as to concurrent and contemporaneous negligence of the parties, it being their contention that if the plaintiff and defendants were concurrently negligent, no recovery could be had, and in order for the plaintiff to recover, some negligent act of the defendants must be shown, which occurring, after the contributory negligence of the injured party had ceased, caused the injury.