Stickel v. Durfee

J. — The plaintiffs have appealed from a judgment which was rendered against them, pursuant to the verdict of a jury. This is a suit for damages resulting from an automobile collision. A motion for new trial was denied. The only issue on appeal is whether the trial court committed error in refusing the only instruction proffered on the subject of the discretion required to be exercised by one who is suddenly confronted with imminent peril. It is conceded the refused instruction properly stated the rule of law, if it is applicable to the facts adduced by the evidence. The appellant contends…