Does a jury have to consider the presumption of due care as evidence in a jury trial?
California, United States of America
The following excerpt is from Heffington v. Paul, 152 Cal.App.2d 235, 313 P.2d 157, 67 A.L.R.2d 113 (Cal. App. 1957):
We hold that the issue as to deceased's lack of care was factual, and that in this case, in determining the question, the jury were entitled to consider as evidence the presumption that decedent was exercising ordinary care. Douglas v. Hoff, 82 Cal.App.2d 82, 85-87, 185 P.2d 607. Therefore, the failure to give the requested instruction on the presumption of due care constituted error.
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