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Varcoe v. Lee

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Evidence keyed to Mueller

Citation. Varcoe v. Lee, 180 Cal. 338, 181 P. 223, 1919 Cal. LEXIS 490 (Cal. 1919)

Brief Fact Summary. A father, Plaintiff, sued the owner and operator of a car that hit and killed his child. The jury awarded the Plaintiff $5000, and the Defendant appealed arguing that the court should not have taken judicial notice of whether or not the accident occurred in a business district.

Synopsis of Rule of Law. A court may take judicial notice of facts that are common and of general knowledge, established and authoritatively settled, and within the limits of the courts jurisdiction.

Facts. A father, Plaintiff, filed suit to recover damages suffered when his child was killed after being run over by Lee’s automobile driven by chauffer Nichols (collectively referred to as the “Defendants”). The jury returned a verdict of $5,000 for Plaintiff. The trial judge instructed the jury that if they found the Defendants were traveling in excess of the speed limit, 15 miles an hour in a business district, then the speeding constituted negligence. On appeal, the Defendants argued that the trial court should not have taken judicial notice that the location of the accident was in a business district.

Issue. Was the trial court entitled to take judicial notice of the character of the street at issue?

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