What is the effect of the court's failure to give the requested instruction in a motor vehicle accident case?

California, United States of America


The following excerpt is from Risley v. Lenwell, 129 Cal.App.2d 608, 277 P.2d 897 (Cal. App. 1954):

While we believe that the court might well have given the requested instruction we do not believe that upon the record in the instant case the failure to give it constitutes reversible error. The jury of course knew that no insurance company was a party to the action, and as stated by this court in Moniz v. Bettencourt, 24 Cal.App.2d 718, 76 P.2d 535, 539, it is very generally known to every person of understanding 'that common carriers operating large trucks upon the highways are so protected [by insurance].' We do not believe that the failure to give the requested instruction affected the final outcome of the case or the amount awarded.

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