Jacobson v. Coady

Plaintiff recovered a judgment against the defendant, based upon a jury’s verdict, for damages sustained as a result of an automobile collision. Defendant has appealed. We reverse the judgment.

We state the facts only in so far as they are necessary to present defendant’s Assignment of Error No. 5. This assignment alleges error because the trial court refused to instruct the jury on the obligation of a defendant confronted with a sudden emergency. This court has held that an automobile driver is not negligent if he acts reasonably when confronted with an emergency if his own negligence has not…