McErlean v. McCartan

SPAETH, Judge:

This is an appeal from an order denying appellant’s post-trial motions and entering judgment on the jury’s verdict in favor of appellee in appellant’s action in trespass. Appellant argues that the lower court erred, inter alia, in instructing the jury on the doctrine of sudden emergency.1

On June 30, 1972, at approximately 5:00 p. m., appellant was driving his automobile west on Springfield Road in Delaware County. A heavy rain storm had occurred and the *533street was very wet. Appellee was proceeding east on Springfield Road when her automobile went out of control, crossed over…