Can the giving of an instruction in a civil case be prejudicial?
California, United States of America
The following excerpt is from MacLean v. City and County of San Francisco, 151 Cal.App.2d 133, 311 P.2d 158 (Cal. App. 1957):
Moreover, the instruction merely states an obvious fact. It has been held that even in a case where the instruction should not have been given, the giving of it could not have been prejudicial because the jury is told nothing it does not already know. Colbert v. Borland, 147 Cal.App.2d 704, 306 P.2d 53.
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