Venue: |
NY Ct. App.
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Facts: |
Martin and wife were riding in a buggy with no lights. Herzog
was in a car, on the wrong side of the road. It was night.
Smash-up! Martin is dead. |
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Posture: |
Finding for the plaintiff at trial, reversed on appeal, new trial
ordered. |
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Issue: |
Was the jury instruction (that the jury "could consider" the
absence of lights) misleading and inapproriate? (i.e.,
was Martin the cause of his own death?) |
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Holding: |
Yes. The reversal is affirmed, directed judgment for the
defendant (by some stipulation agreement). |
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Rule: |
There's a safety statute saying you need to have lights. Juries
can't decide that these requirements are optional. |
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Reasoning: |
Failing to have lights is, per se a failure to take
adequate care. |
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Dicta: |
This is Cardozo. |
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