Varcoe v. Lee

A car driven by Nichols, Lee's chauffeur, ran over and killed Varcoe's child on Mission Street in San Francisco; Varcoe (plaintiff) sued Lee and Nichols (defendants) for negligence. At trial, the judge instructed the jury that Nichols violated a state speed law if driving faster than 15 mph in a business district, and simply stated — without evidence presented on the point — that the relevant Mission Street section constituted a business district. The jury found for Varcoe, and the defendants appealed, arguing the trial court improperly took judicial notice of Mission Street's business character rather than letting the jury decide the question.