Higginbotham v. Ritchie

MASSEY, Chief Justice.

In view of the rather confused state of the holdings relative to the doctrine of “sudden emergency” or “imminent peril” as recognized in Texas, we believe it advisable to first state our own interpretation of the law before passing upon the points of error presented by the appellant.

An approved definition is as follows : “ 'By the term “emergency”, as used in this charge, is meant a condition arising suddenly and unexpectedly and not proximately caused by any negligent act or omission of the person in question and which calls for immediate action on his part and without…