Torts Keyed to Franklin
Martin v. Herzog
Facts
On August 21, 1915, Plaintiff was a passenger in a buggy driven by her husband. Mr. Martin did not have the buggy’s lights on, in violation of a statute. Meanwhile, Defendant’s car was coming around a curve and so did not see the Martins’ buggy in his lights. Defendant was allegedly crossing the center line of the road and collided with the Martins’ buggy, killing Mr. Martin. Plaintiff sued for damages. Defendant requested an instruction that Mr. Martin’s failure to use lights as required by law was prima facie evidence of contributory negligence. The court denied this request and instead instructed the jury that the failure to use lights could be used as evidence of negligence but was not conclusive evidence of negligence. The court also granted Plaintiff’s request and instructed the jury that driving without lights is not negligence in itself. The jury found for Plaintiff and Defendant appealed. The appellate court reversed and Plaintiff appealed.
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