Court case(1816) 1 Stark 493

The plaintiff was an outside passenger on the defendant's coach. A coupling rein broke owing to the defendant's negligence, and the coach, going down a hill, was carried along by horses which the coachman could not control, and it appeared about to be overturned. The plaintiff, seeing the danger, jumped off and broke his leg. In fact the coach did not overturn. The defendant argued that the plaintiff's injury was caused by his own act in jumping, which had proved unnecessary.

Lord Ellenborough directed the jury that if the plaintiff was placed by the misconduct of the defendant in such a situation as obliged him to adopt the alternative of a dangerous leap or to remain at certain peril, and if that position was occasioned by the defendant's default, the action could be maintained, provided that the plaintiff acted with ordinary prudence and reasonable firmness in the circumstances. It did not matter that the coach was not in fact overturned; the question was whether his decision was a reasonable one at the moment he had to make it. The jury found for the plaintiff.