Offerdahl

Action to recover damages for personal injuries alleged to have been suffered by plaintiff while riding as a passenger for hire in one of the auto-stages of respondent Motor Transit Company.

The complaint alleged the company and defendant Otto Pauls to be joint tort-feasors and it charged that they negligently operated their respective machines as to collide one with the other, causing the plaintiff the injuries complained of. Defendant Otto Pauls defaulted and a judgment in the sum of two thousand dollars was rendered against him. Defendant Motor Company denied specifically the allegations of the complaint and further answering alleged that the accident was caused solely through the negligence of its co-defendant Pauls. Trial was had by jury as to defendant Motor Company, which resulted in a verdict in its favor, and upon judgment being rendered thereon, this appeal was taken.

The sole question here presented relates to the giving and refusal to give certain instructions as to the duty of the driver of an automobile when suddenly confronted with a dangerous situation. So much of the evidence as is necessary for an understanding and discussion of the case shows that on June 18,…