Can an opinion be used as an instruction to a jury?
California, United States of America
The following excerpt is from Tait v. City and County of San Francisco, 143 Cal.App.2d 787, 300 P.2d 74 (Cal. App. 1956):
It has often been stated that language taken from an opinion may not always safely be given as an instruction to a jury. E. g., Hughes v. MacDonald, 133 Cal.App.2d 74, 80, 283 P.2d 360. Even if a statement in an opinion is made as a general rule, such rule is drafted with the special case in mind and may in a different case prove to be inappropriate.
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