Ferrer v. Harris

I would reverse the judgment and grant a new trial. The evidence presented a question of fact as to whether the defendant Harris was confronted by an emergency, a question withheld from the jury by the court’s refusal to so charge, and a question of fact as to whether the accident was proximately caused by any negligence on the part of the defendant Javidan. Walton Avenue is for southbound traffic only. There was evidence showing that, at the time of the accident, there were cars parked along the east and west sides, leaving two lanes for moving traffic. The defendant Javidan, in violation of…