What is LawBrain?
It's a living legal community making laws accessible and interactive. Click Here to get Started »

Martin v. Herzog

From lawbrain.com

Revision as of 19:44, 25 February 2011 by FindLaw AHK (Talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

Martin v. Herzog, 126 N.E. 814 (1920), was an early torts case looking at duty as it relates to customs and statutes.

  • This LawBrain entry is about a case that is commonly studied in law school. You can find, contribute to, and create other common 1L, 2L, and 3L cases in the Law School Cases category. And you can use the Opinon tab above to discuss hypos. For more information on editing, visit the LawBrain edit help page.


Summary of Case Facts

Plaintiff and deceased husband were stuck in their buggy by the defendants car when he was rounding a curve in the road and the plaintiffs did not have their lights on. Plaintiff’s allege negligence because the defendant didn’t keep to the right of the center of the highway. Defendant charges the plaintiff’s decedent with negligence because he was driving without his lights on and claims a prime facie case of negligence.


Whether the buggy without lights on was the causal connection between the defendants negligence and the death of the plaintiff’s husband?

Holding and Law

Yes, the buggy driver was in violation of a statute intended for the protection of travelers on the highway.The absence of lights on the buggy was a contributing factor to the accident.

Related Cases and Resources on LawBrain


FindLaw AHK, FindLaw LES