Foy v. Bremson

BOBBITT, Chief Justice.

In her appeal to the Court of Appeals, plaintiff set forth one assignment of error, to wit: “The court erred in its charge on Issue No. 1 as to the Doctrine of Sudden emergency for that it failed to charge that the sudden emergency doctrine would not be available to defendant Bremson if they should find that by his own negligence, he brought about or contributed to the emergency.” (Our italics.)

The Court of Appeals did not discuss this assignment. It awarded a new trial on all issues for error in the court’s instructions relating to burden of proof.

In our opinion, the…