ne has been considered and applied by our court many times. As a result of our leading case of Kisling v. Thierman, 214 Iowa 911, 916, 243 N.W. 552, 554, legal excuse has been defined to mean (1) anything that would make it impossible to comply with the statute or ordinance; (2) anything over which the driver has no control which places his car in a position contrary to the provisions of the statute or ordinance; (3) where the driver of the car is confronted by an emergency not of his own making and, by reason thereof, he fails to obey the statute; (4) where a statute specifically provides an excuse or exception. Baker v. Wolfe, Iowa, 164 N.W.2d 835, 838; Pinckney v. Watkinson, 254 Iowa 144, 116 N.W.2d 258; Oakes v. Peter Pan Bakers, Inc., 258 Iowa 447, 138 N.W.2d 93, 10 A.L.R.3d 247; Peters v. Rieck, 257 Iowa 12, 131 N.W.2d 529; McCoy v. Miller, 257 Iowa 1151, 136 N.W.2d 332; Gibbs v. Wilmeth, supra; Yost v. Miner, Iowa, 163 N.W.2d 557; Clubb v. Osborn, 256 Iowa 1154, 130 N.W.2d 648; Winter v. Moore, 255 Iowa 1, 121 N.W.2d 82; McKeever v. Batcheler, 219 Iowa 93, 257 N.W. 567; 7 Am.Jur.2d, Automobiles and Highway Traffic, § 359, pp. 905, 906; Iowa State Bar Association's Uniform Jury Instruction No. 5.7, Legal Excuse. A violation of statutory rules of the road or ordinances, of course, constitutes negligence per se, and to excuse such a violation the emergency must not have been caused or contributed to by the one claiming legal excuse.

Kisling v. Thierman, 214 Iowa 911, 916, 243 N.W. 552. Many decisions have followed the cited case. Winter v. Moore, 255 Iowa 1, 4, 121 N.W.2d 82, 83, and citations. "`An emergency has been variously defined as (1) an unforeseen combination of circumstances which calls for immediate action; (2) a perplexing contingency or complication of circumstances; (3) a sudden or unexpected occasion for action; exigency; pressing necessity.' Young v. Hendricks, 226 Iowa 211, 215, 283 N.W. 895, 898; Harris v. Clark, 251 Iowa 807, 810, 103 N.W.2d 215, 217.

Brown v. Guiter, 256 Iowa 671, 678, 128 N.W.2d 896. For discussion of sudden emergency see Winter v. Moore, 255 Iowa 1, 121 N.W.2d 82 and annotation in 80 A.L.R.2d 5, 15, 16. V. There is no issue before us relative to obtaining, furnishing to or use of beer by minors.

[3, 4] It is, of course, well settled that one whose own negligence has caused or contributed to a situation which makes it impossible for him to obey the law may not rely upon such conduct as a basis for invoking the doctrine. Kisling v. Thierman, 214 Iowa 911, 916, 243 N.W. 552; Wachter v. McCuen, 250 Iowa 820, 827, 96 N.W.2d 597, 600; Winter v. Moore, 255 Iowa 1, 4, 121 N.W.2d 82, 83, and citations; Mass. v. Mesic, 256 Iowa 252, 255, 127 N.W.2d 99, 101; 7 Am. Jur.2d, Automobiles and Highway Traffic, sections 359-360, page 905. Whether one has established a legal excuse is usually, but not invariably, a jury question. In considering this matter the evidence is to be viewed in the light most favorable to the one asserting the existence of legal excuse.

Kisling v. Thierman, 214 Iowa 911, 916, 243 N.W. 552. Many decisions have followed the cited case. Winter v. Moore, 255 Iowa 1, 4, 121 N.W.2d 82, 83, and citations. [14] "An emergency has been variously defined as (1) an unforeseen combination of circumstances which calls for immediate action; (2) a perplexing contingency or complication of circumstances; (3) a sudden or unexpected occasion for action; exigency; pressing necessity."

Thus, even though this court might arrive at a different conclusion from the evidence, the real test is the sufficiency of the evidence to support the conclusion of the fact finder. The same proposition appears in Allied Mutual Casualty Co. v. Dahl, 255 Iowa 208, 218, 122 N.W.2d 270, and in Winter v. Moore, 255 Iowa 1, 11, 121 N.W.2d 82, where it was said: "Plaintiff's argument the jury should have been instructed as a matter of law she was not within the guest statute is largely based on the claim the evidence on the point is undisputed. * * * However, even when the facts are not in dispute or contradicted, if reasonable minds might draw different inferences from them, the question is for the jury.

" We have been called upon to apply this section to many different factual situations, the most recent cases being: Winter v. Moore, 255 Iowa 1, 121 N.W.2d 82; McCrady v. Sino, 254 Iowa 856, 118 N.W.2d 592; Bodaken v. Logan, 254 Iowa 230, 117 N.W.2d 470; Nielsen v. Kohlstedt, 254 Iowa 470, 117 N.W.2d 900. The statements of the principles of law have been consistent since Knutson v. Lurie, 217 Iowa 192, 251 N.W. 147. [1, 2] "One who rides in an automobile `for the definite and tangible benefit of the owner or operator' or `for the mutual, definite, and tangible benefit of the owner or operator on one hand, and of himself on the other' is not a guest within the meaning of section 321.494 and he may recover for negligence of the driver.

Under the Iowa Guest Statute, § 321.494, the liability of an operator of a motor vehicle to a person riding in it as a guest, is limited to damage caused by the driver's being under the influence of intoxicating liquor or by his reckless operation of the vehicle. Winter v. Moore, 121 N.W.2d 82 (Iowa 1963). Nothing appears in the record as it now stands to indicate either the presence of recklessness or intoxication. Nor does it appear that the plaintiff's status was other than that of a guest.

In the same vein evidence of due care by defendant after failing to stop as required by law does not insulate him from liability for his prior negligence which may have produced an emergency. See Mass. v. Mesic, supra; Winter v. Moore, 255 Iowa 1, 6-9, 121 N.W.2d 82 (1963); Florke v. Peterson, 245 Iowa 1031, 1036-1037, 65 N.W.2d 372 (1954); Restatement, Second, Torts, § 296(a) and comment at 65. It therefore follows and we now hold, trial court erred in submitting defendant's requested instruction on the testimonially unsupported and inapplicable legal excuse issue.

A jury question was found where there was evidence the passenger accompanied the driver on a trip to Omaha to help pick out a wedding gift. Winter v. Moore, 255 Iowa 1, 121 N.W.2d 82 (1963). A jury question was also found where a passenger paid $2 for a trip and $2 for gas for a 15 mile ride with a tavern acquaintance.