California, United States of America
The following excerpt is from Meschini v. Guy F. Atkinson Co., 160 Cal.App.2d 609, 325 P.2d 213 (Cal. App. 1958):
There can be no question but that the statute and the permit formulated a standard of conduct which the court should have adopted in submitting to the jury the question of defendants' liability. Hopper v. Bulaich, 27 Cal.2d 431, 164 P.2d 483. The jury had before it the terms, conditions and restrictions of the permit and was entitled, under proper instructions, to consider whether the evidence showed a violation of the permit and the applicable statutes, and if so, whether such violation was the proximate cause of plaintiff's injuries. The court, however, after receiving the permit in evidence, refused to adopt the regulatory standard therein set forth for guidance of the jury, but gave the following instruction:
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