Bennett v. Winquest

ON APPLICATION FOR REHEARING

MADDOX, Justice.

On application for rehearing, appellant makes the same argument made on original deliverance, that the trial court improperly instructed the jury on the doctrine of “sudden emergency,” and strongly insists that the trend in the country is to restrict or abolish the “sudden emergency” instruction. We have re-examined this case in view of appellant’s insistence, but we are not persuaded that the judgment initially entered is due to be set aside.

Appellant additionally argues that, even assuming that the giving of the “sudden emergency” instruction was…