Kohlhauer v. Bronstein

—This case comes before us on a motion to dismiss or to affirm the judgment. The appeal is by the defendant from a judgment in an automobile collision ease. The plaintiff was traveling along the highway parallel to a street ear and at the same rate of speed, but near the curb of the street. Just as the street car was crossing an intersection the defendant “shot” his automobile across and in front of the street car and into a collision with the plaintiff's motorcycle.

The court gave an instruction to the jury on the doctrine of sudden peril, and the first contention of the defendant is that the…