Judgment reversed, on the law, and new trial granted, with costs to abide the event.
No contention has been raised with regard to the sufficiency of the evidence. The trial court erred in charging the jury on the possibility of an emergency situation being present. There were no facts presented at the trial upon which the jury could find that defendant was responding to an emergency situation (see Demme v Elmer J. Fogerty, Inc.,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
