Dissent
Judge John W. Hogan read the following.
| “ | The evidence on behalf of P tended to establish that the automobile operated by D was approaching at a high rate of speed, and that the car seemed to be on P's side of the road. The lights upon the car illuminated the entire road. Where a duty is imposed by statute and a violation of the duty causes an injury, such violation is evidence of negligence as matter of law. The charge requested and denied in this case was in effect that a failure to have a light upon the intestate's wagon was as matter of law such negligence on his part as to defeat the cause of action irrespective of whether or not such negligence was the proximate cause of the injury. My conclusion is that we are substituting form and phrases for substance and diverging from the rule of causal connection. | ” |
Read more about this topic: Martin V. Herzog
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