Friday, October 10, 2014

Martin v. Herzog case brief summary

Martin v. Herzog case brief summary

F: Martin was killed in an accident involving his buggy and an automobile in violation of appliacable law; his wife (P) brought an action against Herzog (D) for damages.
At trial, D requested that the court find that the failure to have lights on Martin’s buggy was evidence of the deceased’s contributory negligence. The request was denied. P was successful in having the jury instructed that the failure to obey the law was not conclusive evidence of negligence. The jury verdict for P

I: Whether the failure to comply with a statutory requirement constitute negligence when the violation does not cause the injury
R: Proof of negligence, even in the form of a violation of a statute, w/o a relationship btw the negligence and the injury, does not support liability.

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