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NICHOLS v. ELIXER INDUSTRIES

1911858, 1911859.

613 So.2d 1259 (1993)

Clyde Keith NICHOLS v. ELIXER INDUSTRIES and Jimmy Lewis Landers. Kathy WIGINTON v. ELIXER INDUSTRIES and Jimmy Lewis Landers.

Supreme Court of Alabama.

February 19, 1993.

Attorney(s) appearing for the Case

C. Harry Green and R. Wyatt Howell, Jr. of Green, Wood, Howell & Glenn, Hamilton, for appellants.

John B. Baugh of Gonce, Young & Westbrook, Florence, for appellees.

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...

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