Is there any evidence that giving the refused instruction would have influenced the jury's decision on the issue of negligence?
California, United States of America
The following excerpt is from Davis v. Ward, 219 Cal.App.2d 144, 32 Cal.Rptr. 796 (Cal. App. 1963):
We agree. Under the circumstances it is not reasonably probable that giving the refused instruction would have caused the jury to find otherwise, or influenced its decision on the issue of the defendant's negligence. (cf. Shuey v. Asbury, 5 Cal.2d 712, 713, 55 P.2d 1160.)
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