Weinstein v. Wheeler

It is impossible to determine from the record what error the circuit court felt it had committed. However, we notice that the plaintiff requested it to instruct the jury as follows:

“You are instructed that if you find from the evidence that the defendant in driving her automobile at the time and place alleged in plaintiff’s complaint, observed that the plaintiff was blind or in the exercise of reasonable diligence should have known that the plaintiff was blind, then she was negligent, if under such circumstances she failed to stop.”

In giving this requested instruction the court added “or…