Rodgers v. Carter

Upon the issue of negligence, which the jury answered in favor of the defendants, the trial judge instructed the jury:

“Now the defendant relies upon what we know in law as the doctrine of sudden emergency and the court instructs you that this sudden emergency is that he was confronted with something out of the ordinary suddenly and the court instructs you that a person confronted with a sudden emergency is not held to the same degree of care as in ordinary circumstances but only to that degree of care which an ordinarily prudent person would use under similar circumstances.

“The standard of…