Hart v. Scribner

In a joint trial on the issue of liability only, the plaintiffs in Action No. 1 in these consolidated actions, Charles F. Hart, Jr., and Patricia Hart, have recovered a judgment against the defendant therein, Charles Scribner. The main question is whether the instructions of the trial court concerning the doctrines of rescue and emergency were adequately charged to the jury under the circumstances of the case. We conclude that the instructions were inadequate and reverse the judgment and grant a new trial.

'Shortly after midnight of September 4, 1966 Patricia Hart was returning home in her…