Anderson v. Smith

PARKER, Judge.

Plaintiff first assigns as error that the court failed to charge the jury in accordance with plaintiff’s request for instructions as to the duty the law imposes upon a motorist who sees, or by the exercise of reasonable care should see, children on or near the highway. Although the court did not instruct the jury in the exact language requested, plaintiff concedes that the court gave similar instructions, and comparison reveals that the instructions given were in essence those requested. A litigant is not entitled to have the trial judge instruct the jury in the exact words…