Special Part, Illustration. (10)

A. goes out shooting, and a shot fired by him accidentally wounds B. If B. had not a right to be where he was, this may be material as tending to show that A. could not be reasonably expected to know that he was likely, by firing then and there, to harm any person, but it is not material otherwise.

Action under stress of danger caused by another’s negligence.66. A person who suffers harm by the negligence of another is not guilty of contributory negligence by reason only that, being by the other’s negligence exposed to imminent danger, he does not act in the manner best fitted to avoid that danger.

Right to rely on others’ diligence, and take lesser risk to avoid greater.67. It is not negligence—