sudden emergency instruction in Mississippi

17 Mississippi opinions name it 1 courts 1961–1994 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

Case	Followed	Cited
Jones v. Dixie Greyhound Lines, Inc.green miss · 1951 · cited in 5 Mississippi opinions naming this issue, 1961–1972 2 sentences 1963Jones v. Dixie Greyhound Lines, 211 Miss. 34 , 50 So. 2d 902 (1951), a leading case, held that a sudden emergency instruction was reversible error which failed to state that the driver must have used due care to avoid meeting or creating the emergency; that other related instructions did not cure this omission; and this factor of care before the emergency arose was “a condition precedent to use of this standard. ’ ’ Moreover, such an instruction, invoking the doctrine of sudden emergency, should define the emergency, and further state that, after’ it arose, the person asserting* it exercised d 1963Jones v. Dixie Greyhound Lines, 211 Miss. 34 , 50 So. 2d 902 (1951), a leading case, held that a sudden emergency instruction was reversible error which failed to state that the driver must have used due care to avoid meeting or creating the emergency; that other related instructions did not cure this omission; and this factor of care before the emergency arose was “a condition precedent to use of this standard. ’ ’ Moreover, such an instruction, invoking the doctrine of sudden emergency, should define the emergency, and further state that, after’ it arose, the person asserting* it exercised d	1	5
Kettle v. Musser's Potato Chips, Inc.green miss · 1964 · cited in 2 Mississippi opinions naming this issue, 1965–1966 2 sentences 1966Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So. 2d 503 (1965); Kettle v. Musser’s Potato Chips, Inc., 249 Miss. 212 , 162 So. 2d 243 (1964); Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963); Pullin v. Nabors, 240 Miss. 864 , 128 So. 2d 117 (1961); Moore v. Taggart, 233 Miss. 389 , 102 So. 2d 333 (1958); Callaway v. Haddad, 226 Miss. 177 , 83 So. 2d 825 (1955). 1966Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So. 2d 503 (1965); Kettle v. Musser’s Potato Chips, Inc., 249 Miss. 212 , 162 So. 2d 243 (1964); Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963); Pullin v. Nabors, 240 Miss. 864 , 128 So. 2d 117 (1961); Moore v. Taggart, 233 Miss. 389 , 102 So. 2d 333 (1958); Callaway v. Haddad, 226 Miss. 177 , 83 So. 2d 825 (1955).	1	2
Pullin v. Naborsgreen miss · 1961 · cited in 2 Mississippi opinions naming this issue, 1963–1966 2 sentences 1966Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So. 2d 503 (1965); Kettle v. Musser’s Potato Chips, Inc., 249 Miss. 212 , 162 So. 2d 243 (1964); Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963); Pullin v. Nabors, 240 Miss. 864 , 128 So. 2d 117 (1961); Moore v. Taggart, 233 Miss. 389 , 102 So. 2d 333 (1958); Callaway v. Haddad, 226 Miss. 177 , 83 So. 2d 825 (1955). 1966Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So. 2d 503 (1965); Kettle v. Musser’s Potato Chips, Inc., 249 Miss. 212 , 162 So. 2d 243 (1964); Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963); Pullin v. Nabors, 240 Miss. 864 , 128 So. 2d 117 (1961); Moore v. Taggart, 233 Miss. 389 , 102 So. 2d 333 (1958); Callaway v. Haddad, 226 Miss. 177 , 83 So. 2d 825 (1955).	1	2
Long v. Sledgegreen miss · 1968 · cited in 1 Mississippi opinions naming this issue, 1994–1994 2 sentences 1994Long v. Sledge, 209 So. 2d 814, 817-18 (Miss. 1968). 1994Id. at 818-19 .	1	1
Bozeman v. Tuckergreen miss · 1967 · cited in 1 Mississippi opinions naming this issue, 1972–1972 1 sentence 1972In Bozeman v. Tucker, 203 So.2d 795, 797 (Miss.1967), we said: We have, with metronomic regularity undertaken our Sisyphean task of imparting to the Bar the three essentials which must be present in an instruction concerning a sudden emergency and which must factually exist to justify the granting of a sudden emergency instruction. . . . ” (Emphasis added) We cited Lum, supra, and other cases.	1	1
Continental Southern Lines, Inc. v. Lumgreen miss · 1966 · cited in 1 Mississippi opinions naming this issue, 1967–1967 2 sentences 1967In Continental Southern Lines, Inc. v. Lum, 254 Miss. 655, 665 , 182 So.2d 228, 231 (1966), we said: “We have held that the ‘emergency instruction’ should not be granted where the court can hold, as a matter of law, that the person requesting the instruction should have reasonably anticipated, or foreseen the emergency from the surrounding circumstances. 1967In Continental Southern Lines, Inc. v. Lum, 254 Miss. 655, 665 , 182 So.2d 228, 231 (1966), we said: “We have held that the ‘emergency instruction’ should not be granted where the court can hold, as a matter of law, that the person requesting the instruction should have reasonably anticipated, or foreseen the emergency from the surrounding circumstances.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Gulf, Mobile & Ohio Railroad v. Withers neutral miss · 1963 2 sentences 1964Company v. Withers, 247 Miss. 123 , 154 So. 2d 157 , we expressly spelled out the exact, essential ingredients which are necessary in order that a sudden emergency instruction can be properly drawn and given. 1964Company v. Withers, 247 Miss. 123 , 154 So. 2d 157 , we expressly spelled out the exact, essential ingredients which are necessary in order that a sudden emergency instruction can be properly drawn and given.	3	1964–1967
Callaway v. Haddad green miss · 1955 2 sentences 1966Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So. 2d 503 (1965); Kettle v. Musser’s Potato Chips, Inc., 249 Miss. 212 , 162 So. 2d 243 (1964); Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963); Pullin v. Nabors, 240 Miss. 864 , 128 So. 2d 117 (1961); Moore v. Taggart, 233 Miss. 389 , 102 So. 2d 333 (1958); Callaway v. Haddad, 226 Miss. 177 , 83 So. 2d 825 (1955). 1966Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So. 2d 503 (1965); Kettle v. Musser’s Potato Chips, Inc., 249 Miss. 212 , 162 So. 2d 243 (1964); Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963); Pullin v. Nabors, 240 Miss. 864 , 128 So. 2d 117 (1961); Moore v. Taggart, 233 Miss. 389 , 102 So. 2d 333 (1958); Callaway v. Haddad, 226 Miss. 177 , 83 So. 2d 825 (1955).	3	1963–1966
Crump v. Brown neutral miss · 1963 2 sentences 1964In Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963), substantially the same instruction with the same defects we held to he reversible error, 238 and in this case it was further held that the giving of the general instructions on negligence did not cure the defect in the sudden emergency instruction. 1964In Crump v. Brown, 246 Miss. 631 , 151 So. 2d 822 (1963), substantially the same instruction with the same defects we held to he reversible error, 238 and in this case it was further held that the giving of the general instructions on negligence did not cure the defect in the sudden emergency instruction.	3	1964–1966
Peel v. Gulf Transport Co. green miss · 1965 2 sentences 1980In Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965), we stated: The doctrine of sudden emergency is a legal defense to an alleged failure to use due care. 1980In Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965), we stated: The doctrine of sudden emergency is a legal defense to an alleged failure to use due care.	2	1970–1980
Ladner v. Merchants Bank & Trust Co. green miss · 1965 2 sentences 1972Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So.2d 503 (1965); Cipriani v. Miller, 248 Miss. 672 , 160 So.2d 87 (1964). 1972Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So.2d 503 (1965); Cipriani v. Miller, 248 Miss. 672 , 160 So.2d 87 (1964).	2	1966–1972
Moore v. Taggart green miss · 1958 2 sentences 1963(Hn 3) Appellant next contends that it was error to grant the sudden emergency instruction because it did not define “sudden emergency” and cites Moore v. Taggart, 233 Miss. 389 , 102 So. 2d 333 , and Pullin v. Nabors, supra. These cases hold that the instruction should define “sudden emergency” and it was error for the instruction to be given without such definition, however, this Court does not say that this error alone would justify reversal. 1963(Hn 3) Appellant next contends that it was error to grant the sudden emergency instruction because it did not define “sudden emergency” and cites Moore v. Taggart, 233 Miss. 389 , 102 So. 2d 333 , and Pullin v. Nabors, supra. These cases hold that the instruction should define “sudden emergency” and it was error for the instruction to be given without such definition, however, this Court does not say that this error alone would justify reversal.	2	1963–1966
Knapp v. Stanford green miss · 1980 2 sentences 1986WHETHER THE LOWER COURT ERRED IN GRANTING INSTRUCTION D-9 BECAUSE SAID INSTRUCTION WAS A SUDDEN EMERGENCY INSTRUCTION This Court, in the case of Knapp v. Stanford, 392 So.2d 196 (Miss.1980), abolished the so-called sudden emergency instruction. 1986The pertinent part of the instruction in Knapp read as follows: The court instructs the jury that under the law when a person is confronted with a sudden emergency not of his own making and is by reason thereof placed in a position of peril to himself without sufficient time in which to determine with certainty the best thing to do, he is not held to the same accuracy of judgment as is required of him under ordinary circumstances, _ (emphasis added). 392 So.2d at 197 .	1	1986–1986
Nobles v. Unruh green miss · 1967 1 sentence 1976The court was of the opinion that Nobles v. Unruh, 198 So.2d 245 (Miss.1967), was applicable; that it was doubtful whether it should have given a sudden emergency instruction for the defendants, and that it was also of the opinion that it had erroneously refused plaintiff’s instruction number 10, which instruction provided that if Merkel had moved his vehicle from the east to the west northbound lane without ascertaining that the west lane was free of the oncoming vehicle of Mrs. Ward, and Merkel was unable to return his tractor-trailer to the east lane and collided with the automobile driven	1	1976–1976
Cipriani v. Miller neutral miss · 1964 2 sentences 1972Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So.2d 503 (1965); Cipriani v. Miller, 248 Miss. 672 , 160 So.2d 87 (1964). 1972Ladner v. Merchants Bank & Trust Co., 251 Miss. 804 , 171 So.2d 503 (1965); Cipriani v. Miller, 248 Miss. 672 , 160 So.2d 87 (1964).	1	1972–1972
Acord v. Moore green miss · 1971 2 sentences 1972In a companion case, Acord v. Moore, 243 So.2d 55 (Miss.1971), this Court held that appellant was entitled to a sudden emergency instruction, but pointed out that the sudden emergency instruction given was erroneous. 1972Appellant’s sudden emergency Instruction No. 7 given in the instant case is in the exact language of the sudden emergency instruction condemned in Acord v. Moore, supra. No error was committed by the trial court in refusing the two requested instructions because they did not comply with the requirements of Acord v. Moore, supra. Appellees’ Instruction No. 10 was erroneously given because it is based on Mississippi Code 1942 Annotated section 8185 (1956), which provides that an overtaking vehicle must return to the right hand side of the roadway before coming within 100 feet of any vehicle appr	1	1972–1972
Gregory v. Thompson green miss · 1964 2 sentences 1970Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965); Gregory v. Thompson, 248 Miss. 431 , 160 So.2d 195 (1964). 1970Peel v. Gulf Transport Co., 252 Miss. 797 , 174 So.2d 377 (1965); Gregory v. Thompson, 248 Miss. 431 , 160 So.2d 195 (1964).	1	1970–1970
Majure v. Herrington green miss · 1962 2 sentences 1965Majure v. Herrington, 243 Miss. 692 , 139 So. 2d 635 (1962); Babbitt Motor Vehicle Law § 1491 (4th Ed. 1933). 1965Majure v. Herrington, 243 Miss. 692 , 139 So. 2d 635 (1962); Babbitt Motor Vehicle Law § 1491 (4th Ed. 1933).	1	1965–1965
Rushing v. Edwards neutral miss · 1962 2 sentences 1964We find that while we did not criticize the form of the instruction in Rushing v. Edwards, 244 Miss. 677 , 145 So. 2d 695 , decided October 22, 1962, we did criticize the giving of it under the particular facts in that case. 1964We find that while we did not criticize the form of the instruction in Rushing v. Edwards, 244 Miss. 677 , 145 So. 2d 695 , decided October 22, 1962, we did criticize the giving of it under the particular facts in that case.	1	1964–1964
Avery v. Collins green · 1934 2 sentences 1963She relies principally upon the cases of Avery v. Collins, 171 Miss. 636 , 157 So. 695 ; Jones v. Dixie Greyhound Lines, 211 Miss. 34 , 50 So. 2d 902 , and Moat v. Black, 230 Miss. 337 , 92 So. 2d 845 . 1963She relies principally upon the cases of Avery v. Collins, 171 Miss. 636 , 157 So. 695 ; Jones v. Dixie Greyhound Lines, 211 Miss. 34 , 50 So. 2d 902 , and Moat v. Black, 230 Miss. 337 , 92 So. 2d 845 .	1	1963–1963
MOAK v. Black green miss · 1957 2 sentences 1963She relies principally upon the cases of Avery v. Collins, 171 Miss. 636 , 157 So. 695 ; Jones v. Dixie Greyhound Lines, 211 Miss. 34 , 50 So. 2d 902 , and Moat v. Black, 230 Miss. 337 , 92 So. 2d 845 . 1963She relies principally upon the cases of Avery v. Collins, 171 Miss. 636 , 157 So. 695 ; Jones v. Dixie Greyhound Lines, 211 Miss. 34 , 50 So. 2d 902 , and Moat v. Black, 230 Miss. 337 , 92 So. 2d 845 .	1	1963–1963

Where else courts name it

LA 130 (1934–2026) MI 82 (1957–2026) PA 50 (1932–2023) TX 49 (1970–2025) NC 45 (1956–2023) IN 35 (1972–2019) IA 21 (1962–2018) VA 21 (1933–2024) TN 20 (1963–2024) GA 20 (1965–2026) KY 19 (1953–2022) AL 18 (1972–2011) MS 17 (1961–1994) WV 16 (1948–2018) CA 15 (1953–2025) OH 14 (1993–2020) NE 13 (1953–1993) CO 12 (1976–2014) AZ 11 (1966–2000) ND 9 (1972–2015) AR 9 (1975–1997) NM 9 (1977–1999) MT 9 (1972–2004) FL 8 (1960–2009) CT 7 (1968–2010) RI 6 (1998–2005) WA 6 (1962–2019) SC 6 (1941–2019) VT 5 (1927–2019) NJ 5 (1950–2026) ID 5 (1951–1980) NV 5 (2010–2015) SD 4 (1977–2019) MD 4 (1971–2013) MO 3 (1951–1966) WY 3 (1962–2002) AK 3 (1975–1996) UT 2 (1956–1987) OK 2 (1960–2013) KS 2 (1969–1978) NH 2 (1985–1994) PR 2 (1963–1967) MN 2 (1956–1958)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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