Section 3.50 Instructions

• Library: App Ct Prac 2013 Supp - Forms

• The court erred in giving instruction number [5 (MAI 11.06) defining negligence, the instruction being as follows:

The term “negligence” as used in this instruction means the failure to use that degree of skill and learning ordinarily used under the same or similar circumstances by the members of defendant’s profession in good standing practicing in similar localities.

for the reason the words “by the members of defendant’s profession in good standing practicing in similar localities” is misleading,...