Geis v. Hirth

The plaintiff, Miss Geis, contends she is entitled to a new trial because it was prejudicial error not to give the requested instructions and, further, that a new trial should be granted in the interests of justice because of the form of the verdict.

“The application of the emergency rule rests upon the psychological fact that the time which elapses between the creation of the danger and the impact is too short under the particular circumstances to allow an intelligent or deliberate choice of action in response to the realization of danger.” 3 The emergency rule is designed to avoid penalizing…