Seeley v. Rahe

Appellant has presented us with three issues. The first issue is whether the defense of sudden emergency is available to a *26motorist who comes upon a patch of ice causing him to lose control of his car and skid into another vehicle.

This issue is not properly before the court and, therefore, we give it no consideration. There is nothing in the record to show that the defense of sudden emergency was considered by the jury or by the trial court. Since the issue was not presented to, or passed upon by the trial court, we decline to consider the question. Kimball v. Kimball Bros. (1944), 143 Ohio…