Evans v. Carroll

This case is in this court solely on the overruling of a general demurrer. It appears from the petition that the plaintiff was confronted with an emergency brought about as a result of the alleged negligence of the defendant. He had two choices, one being to collide with the truck in front of him, and the other being to swerve to the right of the truck and into the ditch beside the road. It cannot be said as a matter of law that the plaintiff was negligent in undertaking to avoid striking this truck in front of him and thereupon driving off the road and into the ditch. “Where one is…