Nichols v. Elixer Industries

HOUSTON, Justice.

The plaintiffs appeal from a judgment based on a jury verdict for the defendants in a case arising out of a rear end automobile collision. The trial court gave the jury the following charge, to which the plaintiffs objected:

“If a person without fault of his own is faced with a sudden emergency, he is not to be held to the same correctness of judgment and action as if he had time and opportunity to fully consider the situation, and the fact, if the jury finds it to be a fact, that he does not choose the best or safest way of escaping peril or preventing injury is not…