Siemers v. Eisen

Citations

• 54 Cal. 418

Syllabus

<p>Practice — Trial—Instructions.— It is not error to refuse instructions, although correct, where the principles embodied in them are covered by the charge of the Court.</p> <p>Negligence.—The failure of any person to perform a duty, imposed upon \\ . him by statute or other legal authority, in itself constitutes negligence. Accordingly, where the plaintiff was injured by a runaway horse, left unfastened in the street—in violation of an ordinance: Held, that the Court, / instead of leaving the question of negligence to the jury, might have in- / \\structed them that the proof fully established it.</p>