California, United States of America
The following excerpt is from Johnson v. Aetna Life Ins. Co., 221 Cal.App.2d 247, 34 Cal.Rptr. 484 (Cal. App. 1963):
The plaintiff claims that five of the instructions given by the trial court at the request of the defendant did not follow the law as stated in Brooks v. Metropolitan Life Ins. Co., supra, 27 Cal.2d 305, 163 P.2d 689, conflicted with instructions based thereon given by the court at her request; and were prejudicially erroneous.
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