Nature of the Case
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Facts
Lee's (D) chauffeur ran over Varcoe's (P) daughter with D's car and killed her. P brought an action against D. The trial judge instructed the jury that the Motor Vehicle Act made it unlawful to operate a vehicle at a speed greater than 15 miles per hour in the business district of any incorporated city or town. The judge took notice of the fact that the place where the accident occurred was such a business district and therefore instructed the jury that if they found that D was going faster than 15 miles per hour, his speed was negligence per se. The jury found in P's favor. D appeals, claiming that it was error for the court to charge the jury that the location of the accident was a business district, and not allowing them to make this finding.
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