Simko v. Miller

All of the alleged errors presented in argument and in the briefs pertain to two special charges and the general instruction given to the jury by the trial judge.

Previous to the waiver of oral argument, the court gave to the jury plaintiff’s first request to charge, as follows:

“The court says to you as a matter of law that no person shall operate a motor vehicle in and upon the public roads and highways at a speed greater or less than is reasonable or proper, having due regard to the traffic, surface and width of the road or highway, and of any other conditions then existing, and no person…