Hersey v. Fritz

While driving southerly in the evening on Vaughan Street in Portsmouth close to the westerly sidewalk curb the defendant stopped his car suddenly to avoid striking some children who ran out in front of it from the sidewalk. The plaintiff was sitting at the defendant’s side and the sudden stop threw her forward, her head being wounded by hitting against the dashboard of the car.

The evidence discloses no conduct of negligence in the sudden stop of the car. Instant and effective action was a peremptory demand to avoid running into the children who unexpectedly and without warning came into the…