Herr v. Ruprecht

STORCKMAN, Judge.

I fully concur in the opinion of the court. Additionally, I would hold the giving of Instruction No. 1, plaintiff’s verdict-directing instruction, to be reversible error.

The chief complaint made against the instruction is that it requires the jury to find the defendant negligent without hypothesizing a necessary statutory element, that the plaintiff’s car was approaching the intersection so closely as to constitute an immediate hazard.

The instruction is in two paragraphs. The first is an abstract statement of the law based on § 304.021(4). It tells the jury that under the law…