Ellwood v. Peters ex rel. Lloyd

STURGIS, Judge.

The defendant in this negligence action brings this appeal to review an adverse judgment entered pursuant to verdict of the jury and denial of his motion for a new trial. The parties will be identified as. they appeared in the court below.

The question for determination is whether or not the trial court erred in refusing to charge the jury on the doctrine of sudden emergency in accordance with either of the charges requested by defendant, viz:

Charge No. 19

“You are instructed that where one, without fault of his own, is placed in a position of great mental stress or sudden…