Rude v. Algiers

The defendants raise the following issues before this court:(1) Is Algiers entitled to the benefit of the emergency rule as a matter of law, in view of the jury’s failure to find that he was negligent with respect to position on the highway, thus requiring that the jury’s finding that he was causally negligent with respect to management and control be set aside ?(2) Do certain rulings of the trial court during the conduct of the trial constitute prejudicial error so as to require that there be a new trial of the Rude action if the defendants do not prevail upon the first issue ?(3) Are the…