Stripling v. Calhoun

Townsend, Judge.

The 3 special grounds are directed to the charge of the court on the doctrine of emergency as follows: “I charge you, gentlemen of the jury, that the driver of an automobile when confronted with a sudden peril, which peril did not arise from any fault of his own, should then use such care as an ordinarily prudent person would exercise under the circumstances. If, however, the driver of an automobile or truck, 'as in this case, was-the cause of the emergency, then, and in that event, this principle of law which I have, just given you, does not apply. In all instances, however,…