Friday, November 16, 2012

Tedla v. Ellman case brief

Tedla v. Ellman case summary

-A brother and a sister who were junk collectors were carrying junk in baby carriages and they could not walk in the grass median because the wheels would have gotten stuck so they walked on the road instead.
-There was a law that said that people walking on the road had to walk facing oncoming traffic, but the oncoming traffic on that particular night was way heavy while the other side was not, so they walked on the other side in violation of the statute and they were hit by a car.

-The trial court entered judgment in favor of the Ps and the defendant appealed and the appeals court affirmed and then the defendant appealed again saying that the pair was contributorily negligent because they violated the statute.


-Does the violation of a statute always result in negligence?

-No. Judgment affirmed.


-Negligence is the failure to exercise the care required by law.
-Some statutes do not fix a definite standard of care that would protect life, limb, or property but merely supplement a common law rule that has always been subject to exceptions and limitations
-These kinds of statutes should not be seen as wiping out the limitations and exceptions in the absence of clear language to the contrary
-It should not be seen that this general rule of conduct has to be followed even when it would pose more of a danger than disobeying the rule

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