California, United States of America
The following excerpt is from Bogert v. Clawson, 149 Cal.App.2d 536, 308 P.2d 880 (Cal. App. 1957):
'While instructions in a particular care are to be determined, not alone by the pleadings therein, but also by the evidence in support of the issues between the parties, and even though an issue is raised by the pleadings, it is not proper to give an instruction thereon, although it may be abstractly correct, where there is no basis for it in the evidence (14 R.C.L. 786), still it must appear that injury resulted therefrom in order to warrant a reversal.' Barber v. Gordon, 111 Cal.App. 279, 295 P. 377, is also cited by appellants. In that case the appellants were driving northerly on a public highway in the county of Ventura. At the same time, respondent was driving southerly. As the respective parties approached a turn in the road, the automobiles collided. The jury found in favor of the defendant in both actions. The defense of inevitable accident was based upon the alleged locking of the steering mechanism of the car driven by the respondent. According to the testimony of the respondent, at the time of the collision the steering mechanism became locked so that it was impossible to turn the automobile to the right in rounding a curve, in order [149 Cal.App.2d 542] to avoid the collision. It was there held that the evidence was sufficient to sustain the finding of unavoidable accident based upon the alleged locking of the steering mechanism of the car driven by respondent.
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