Shuey v. Asbury

Action to recover damages for personal injury. Verdict and judgment for plaintiff. The defendant appeals.

The court instructed the jury that if the defendant, at the designated time and place, and in violation of section 113 of the California Vehicle Act, drove her automobile at a speed exceeding 20 miles per hour, this act in itself was negligence as a matter of law. This instruction was erroneous, because subdivision (d) of said section 113 provides that where such violation of the speed limit has occurred, the driver "shall not be deemed to have been negligent by reason thereof as a matter…