Harmon v. Givens

1. Ground 4 of the amended motion for new trial complains of the admission in evidence of section 38 of the Traffic Code of the City of Albany, introduced by the plaintiff over the objection by the defendant that this ordinance had not been pleaded in the case. Section 38 is as follows: “The signal required by Section 37 of this Chapter shall be given either by means of the hand or arm or by a signal lamp or signalling device of a type approved by the City, but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle…