Causation Issues
A dissenting opinion by John W. Hogan countered that the plaintiff's negligence was not a contributing cause of the accident because the defendant was driving on the wrong side of the road. The dissenting opinion sets out the jury's findings of fact, which were affirmed by the Appellate Division: (A) the defendant was driving his car on the wrong side of the road; (B) the plaintiff's intestate was driving his buggy to the extreme right of the road; and (C) the highway was well lighted, such that witnesses could see the body of the plaintiff's intestate from forty feet away.
Read more about this topic: Martin V. Herzog
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