Nichols was driving Lee's car, with Lee inside, when it
ran over and killed Varcoe's child. Varcoe sued for wrongful death.
At trial, the judge instructed the jury that if they found
that Nichols was going faster than 15 mph in a business district, then
that was enough to find him negligent.
The Trial Court found Lee guilty of negligence and gave
Varcoe a judgment of $5k. Lee appealed.
Lee argued that the location of the accident was not a
'business district'. Therefore it was improper for the judge to just
assume that it was.
The speed limit for areas that aren't business districts
was higher.
This case was decided before the advent of street signs
and posted speed limits.
The Appellate Court affirmed.
The Appellate Court found that there was no dispute that
the area of the accident was a business district.
That corner had a drug store, a barber shop, a saloon,
and a haberdashery!
The Appellate Court found that the Trial Judge was
entitled to take judicial notice of the character of one of the
most important and best known street of the city.
The Appellate Court found that there were three
requisites to determine if a fact can be assumed by the court:
The matter must be of common and general knowledge.
The matter must be established and authoritatively
settled, not doubtful or uncertain.
The matter must be within the limits of the
jurisdiction of the court.
Btw, the term judicial notice refers to a judicial
short cut where the court assumes a fact and does away with the necessity
of the litigants to prove the fact.
The case was decided under the common law. Now it would
be covered by FRE 201.
