Martin v. Herzog
Court of Appeals of New York
126 N.E. 814 (N.Y. 1920)
Relevant factsFree
Martin's decedent (plaintiff) was killed when the horse-drawn buggy he was driving at night, without the headlights a statute required, collided with a car driven by Herzog (defendant). Martin sued Herzog for negligence; Herzog argued the decedent was contributorily negligent for violating the headlight statute. The jury found for Martin, but the appellate court reversed, and Martin appealed further.
IssueFree
Whether the failure to perform an act required by statute constitutes negligence per se.