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The Basic Doctrine

Original Creator: Jonathan Zittrain Current Version: Samantha Bates Show/Hide

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1 Show/Hide More Martin v. Herzog--"The Buggy Without Lights"

Original Creator: Jonathan Zittrain Current Version: Samantha Bates
To what extent, if any, should courts allow the violation of a statute to inform their analysis of negligence?

Notes:
Plaintiff and her husband were driving a buggy on a highway in the darkness. During the drive, their buggy collided with the defendant’s automobile, killing the plaintiff’s husband. Plaintiff claimed the defendant was negligent for crossing the center line of the highway. The defendant claimed that he should not be at fault because plaintiff’s husband was driving without lights. There was a statute which required lights on cars when traveling in the dark.

Playlist Information

Last Updated: January 18, 2016

Author Stats

Name: Samantha Bates

Title: Research Associate

Affiliation: Harvard Law School, Berkman Center

Other Playlists by Samantha Bates

IX. Negligence Per Se XXII. Damages A. Supplemental Cases and Materials X. Duty: Action vs. Inaction; Special Relationships I.Supp. Supplemental Cases and Materials

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