Martin
v. Herzog
Court
of Appeals of
228
N.Y. 164, 126 N.E. 814.
Prosser,
pp. 218-219
Facts: The plaintiff and her husband
were driving at night with their lights off and were hit by the defendant’s car
coming from the opposite direction which had crossed the center line. The plaintiff’s husband died, and they sued
for negligence. The defendant argued
contributory negligence on the part of the plaintiffs in that they didn’t have
their lights on. The jury found for the
plaintiff, but the appeals court overturned the verdict. The plaintiff appealed.
Issue: Did the decedent’s conduct
constitute contributory negligence?
Rule: If a party violates a
statute that applies to the facts of the case, without excuse, that violation
is negligence per se. The court must
declare the negligence rather than leaving it up to the jury.
Analysis: Cardozo says that the
plaintiff’s husband having his lights off at night was negligent. He says the jury should have been instructed
that the plaintiff’s husband was culpable.
Conclusion: The appellate court’s
decision was affirmed.