27 N.Y.S.2d 198 (1941)
One-Sentence Takeaway: In applying the “reasonable person” negligence standard analysis, the conduct of a person faced with unexpected and sudden emergency, not created by that person’s own actions, should be measured by how a reasonable person would have acted when faced with same emergency.
Summary: A mugger armed with a gun jumped into defendant’s taxi in order to evade the pursuing victim. The mugger threatened to shoot the taxi driver, who hit the brakes, took the car out of gear, and jumped out. The taxi rolled down the street and mounted the sidewalk, where it injured a woman and her children.
The trial judge ruled that defendant’s employee (the taxi driver) acted reasonably under the emergency and dismissed the complaint.