Ivy v. Binger

This appeal arises out of a negligence suit in which the jury returned a verdict for defendant. Plaintiffs appeal as of right.

Appellants contend that the trial court erred in instructing the jury that if defendant was confronted with a sudden emergency not of his own making, then defendant could not be said to have violated the “assured clear distance ahead” statute. MCLA 257.627.(a); MSA 9.2327(a).

Six-year-old Eddie James Ivy was struck by defendant’s automobile when the child darted out unexpectedly into traffic. The accident occurred at a school crossing at a time when defendant admitted…