Kemp v. Aldrich

The opinion written by Mr. Justice Sharpe requires a reversal of the judgment and a new trial because the trial judge included in his charge a quotation from the reckless driving statute, 1 Comp. Laws 1929, §4696 (Stat. Ann. §9.1564). However, immediately preceding this statement, the court properly instructed the jury on the subject of negligence.

It is unfortunate that the court's statement of the law of negligence should be followed by the quotation that appears in Mr. Justice Sharpe’s opinion because the criminal statute has no application in this suit. The court stated to the jury that,…