Ware v. Alston

Bell, Presiding Judge.

Special grounds 1 and 2 of the motion for new trial assign error upon charges of the court on the theories of sudden emergency and unavoidable accident.

It appears from the evidence that defendant was approximately 525 feet from the intersection when he first became aware of his brake failure and that at that time he was traveling 45 miles an hour or less. Mathematically he therefore had a minimum of almost eight seconds, and perhaps several seconds longer, in which to respond to the situation before reaching the intersection.

Plaintiff contends that the theories of sudden…