Where the defendant pleads contributory negligence, the claimant’s contribution to the accident may be excused if he acted ‘in the agony of the moment’. In Jones v. Boyce (1816) the claimant, fearing that a fast-driven coach would overturn, broke his leg when jumping for safety. The coach did not overturn but his action was justified. The principle of ‘alternative danger’ applies to emergencies generally and may apply even when property is under threat.