Kelley v. Lee

Counsel for Lee as defendant seasonably excepted to the failure of the court to grant the following request for instruction: “You are instructed that you may consider the fact that when an operator of a motor vehicle is confronted with an emergency his sense of judgment in making an immediate decision cannot be expected to approximate that of a normal person under normal circumstances.”

The words which the court used in covering the subject-matter of this request are as follows: “Since the standard is always reasonable care under the conditions as they exist, where one of those conditions is a…