sudden peril rule

sudden peril rule
Under this rule, a defendant who is guilty of primary negligence is not liable in case of sudden peril where the peril or alarm was caused by the negligence of the opposite party, apprehension of peril from the standpoint of defendant seeking to excuse his primary negligence was reasonable, and appearance of danger was so imminent as to leave no time for deliberation. White v. Munson, Tex.Civ.App., 162 S.W.2d 429, 432.
But rule cannot be invoked by one bringing emergency on or not using due care, to avoid it. McClelland v. Interstate Transit Lines, 142 Neb. 439, 6 N.W.2d 384, 391.

Black's law dictionary. . 1990.

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