Lawhorn v. Lawhorn

Deen, Judge.

The court erred in instructing the jury that, should they determine Mrs. Lawhorn exercised ordinary care under the circumstances when “confronted with a sudden emergency caused by the brake failure, and if such brake failure was not due to any condition which she had prior knowledge or notice of, then you would have to return a verdict in favor of both defendants.” The allegations of negligence referred to by the court in this part of the charge referred only to acts of the operator after the brakes failed, and this instruction eliminated from jury consideration negligence alleged…