Misiewicz v. Waters

The issues presented by the parties can be stated in one question. Was it prejudicial error to give the defendant the benefit of the emergency instruction?

The emergency instruction given by the trial court was adopted from the standard instruction appearing in Wis J I — Civil, Part I, 1015 :

“I would further instruct you in connection with Question One that drivers of motor vehicles who are suddenly confronted by an emergency, not brought about or contributed to by their own negligence, and who are compelled to act instantly to avoid collision or injury, are not guilty of negligence if they…