Martin v. Herzog

1920

Venue: NY Ct. App.

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.

Posture: Finding for the plaintiff at trial, reversed on appeal, new trial ordered.

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?)

Holding: Yes. The reversal is affirmed, directed judgment for the defendant (by some stipulation agreement).

Rule: There's a safety statute saying you need to have lights. Juries can't decide that these requirements are optional.

Reasoning: Failing to have lights is, per se a failure to take adequate care.

Dicta: This is Cardozo.