Martin v. Herzog
Court of Appeals of New York
126 N.E. 814 (N.Y. 1920)
The decedent of Martin (plaintiff) was killed when a buggy he was driving collided with an automobile driven by Herzog (defendant). A statute required all buggies to be operated with headlights at night. At the time of the accident, Martin’s decedent was violating this statute by not driving a buggy with headlights. Martin brought suit against Herzog for negligence. Herzog countered by stating that Martin’s decedent was liable for contributory negligence based on his violation of the headlight statute. At trial, the jury held for Martin and found Herzog liable for negligence. The appellate court reversed, and Martin appealed.
Rule of Law
Holding and Reasoning (Cardozo, J.)
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