Bolser v. Smalley

I concur in the judgment of this court and also in the conclusion of the majority of the court that the application of the “two-issue rule” is required.

The special charge, mentioned in the majority opinion, and given at the request of the defendant, is as follows:

“The court charges you that where one, without fault of his own, is placed in a position of great mental stress or sudden emergency, the same degree of judgment and care is not required of him as is required of one who is acting under normal conditions. The test to be applied is whether or not the person in such a position of great…