Ingle v. Cassady

Tbe testimony of tbe plaintiff and bis witnesses indicated an emergency or sudden peril immediately before tbe wrecking of tbe automobile wbicb tbe defendant was driving at tbe time, and tbe court below beld as a matter of law that tbis was a sufficient defense. Otherwise, tbe case would have gone to tbe jury, for there was testimony by tbe plaintiff, corroborated by other witnesses for tbe plaintiff, that tbe defendant negligently put her foot on tbe accelerator instead of tbe brakes when tbe automobile began to “shimmy” or swerve from one side of tbe road to tbe other. Certainly, when…