Car & General Ins. v. Keal Driveway Co.

I cannot agree with the conclusion of the majority that on the facts of this case “It was prejudicial error to submit the issue [of contributory negligence] without charging the jury on the rule of sudden emergency”. In the first place, I think the evidence, as a matter of law, established that Campbell was contributorily negligent and a verdict should have been instructed on that point. City of Tallahassee v. Fortune, 3 Fla. 19, 52 Am.Dec. 358; Lindsay v. Thomas, 128 Fla. 293, 174 So. 418; Stanford v. Atlantic Life Ins. Co., 5 Cir., 109 F.2d 428.

Campbell’s testimony was to the effect that…