Hansel v. Hawkins

Automobiles driven by plaintiff and defendant collided at or near an intersection, causing damages to both parties. The case went to trial on plaintiff’s declaration, defendant’s cross-declaration, and their respective answers. The jury rendered a verdict of no cause for action as to either party and plaintiff appeals.

At defendant’s request the court instructed the jury concerning the so-called “sudden emergency rule.” The charge failed to apprise the jury that a party is entitled to the benefit of that rule only if the emergency occurs through no fault or negligence of his own. Such failure…