Ct. of App. of N.Y., 228 N Y. 164, 126 N.E. 814 (1920).

FACTS
Martin (P) was driving his buggy on the night of August 21, 1915. P was killed in a collision between his buggy and Herzog's (D) car. It was dark when the accident occurred. P was driving without lights and D did not keep to the right of the center of the highway. P alleged that D was driving on the wrong side of the road. D claimed that P was contributorily negligent for failing to drive without headlights as required under the law. In the body of the charge the trial judge said that the jury could consider the absence of light "in determining whether the plaintiff's intestate was guilty of contributory negligence in failing to have a light upon the buggy as provided by law. I do not mean to say that the absence of light necessarily makes him negligent, but it is a fact for your consideration." D requested a ruling that the absence of a light on the plaintiff's vehicle was "prima facie evidence of contributory negligence." This request was refused, and the jury were again instructed that they might consider the absence of lights as some evidence of negligence, but that it was not conclusive evidence. P then requested a charge that "the fact that the plaintiff's intestate was driving without a light is not negligence in itself," and to this the court acceded. The jury was instructed that they were at liberty to treat the omission of the lights either as innocent or as culpable. The jury gave the verdict to P. The Appellate Division reversed that verdict. P appealed to the court of appeals.

ISSUE
Does a jury have the power to relax the duty that one traveler on the highway owes under a statute to another on the same highway? Is negligent conduct actionable by itself unless there is a showing that such conduct was the cause of the injuries incurred?

RULE OF LAW
The unexcused violation of a statutory duty is negligence per se and a jury does not have the power to relax the duty that one traveler on the highway owes under a statute to another on the same highway. Negligent conduct is not actionable by itself unless there is a showing that such conduct was the cause of the injuries incurred.#p#分页标题#e#

HOLDING AND DECISION
(Cardozo, J.) Does a jury have the power to relax the duty that one traveler on the highway owes under a statute to another on the same highway? No. Is negligent conduct actionable by itself unless there is a showing that such conduct was the cause of the injuries incurred? No. The unexcused omission of the statutory signals is more than some evidence of negligence. The unexcused violation of a statutory duty is negligence per se and a jury does not have the power to relax the duty that one traveler on the highway owes under a statute to another on the same highway. To omit, willfully or heedlessly, the safeguards prescribed by law for the benefit of another that he may be preserved in life or limb, is to fall short of the standard of diligence to which those who live in organized society are under a duty to conform. A rule less rigid has been applied where the one who complains of the omission is not a member of the class for whose protection the safeguard is designed. Some relaxation there has also been where the safeguard is prescribed by local ordinance, and not by statute. Courts have been reluctant to hold that the police regulations of boards and councils and other subordinate officials create rights of action beyond the specific penalties imposed. This has led them to say that the violation of a statute is negligence, and the violation of a like ordinance is only evidence of negligence. Here we have an instance of the admitted violation of a statute intended for the protection of travelers on the highway, of whom D at the time was one. The jurors were improperly instructed that they were at liberty in their discretion to treat the omission of lights either as innocent or as culpable. A defendant who travels without lights is not to pay damages for his fault unless the absence of lights is the cause of the disaster. To say that conduct is negligence is not to say that it is always contributory negligence. "Proof of negligence in the air, so to speak, will not do" To impose liability there still must be a showing of cause, proximate cause and damages. The failure of P's husband to use his headlights in accordance with the law is negligent conduct. The jurors have no discretion to treat such negligence differently or to ignore it. But at the same time there must still be a showing of the other elements of proof related to negligence to hold D liable. We conclude that evidence of a collision occurring more than one hour after sundown between a car and an unseen buggy, proceeding without lights is evidence from which a causal connection may be inferred between the collision and the lack of signals. If no other evidence is offered to break the causal connection, then there is contributory negligence. The order of the Appellate division should be affirmed.#p#分页标题#e#

Dissent
(Hogan, J.) 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.

LEGAL ANALYSIS
A statute can establish a duty of care. The duty of care only establishes negligence per se and you must still determine causation. The trial court instructed the jury on a statutory violation as evidence of negligence if it wanted to do so. The case was overturned because in this jurisdiction violation of a statute is negligence per se. The case also clearly points out that the party can only raise a violation of statute if you fall within the class of plaintiffs to be protected by the statute. Once negligence per se is established, there must still be a determination of causation (both in fact and legal) and injury. Negligent conduct by itself means nothing. If you are standing on the street corner and a car drives by at 150 m.p.h. just ½ inch from your body and literally almost pulls your body off the curve but you suffer no damages: there is no case against the drive. Was there negligence? You bet the drive was negligent, but there can be no recovery. It is hilarious how many times that issue is tested on bar exams and students keep getting it wrong. Lots of bad people, lots of bad conduct but no injury. In this case, there was a lot of damage and a lot of negligence but under the older laws, contributory negligence was a complete bar to any type of recovery. We agree with everything the majority says except for its conclusion of cause in fact and proximate cause. The dissent wants to look at all the facts to determine how well lighted the area was and the fact that D was alleged to be driving on P's side of the road. We agree that it is a factual situation and it would be error for the appeals court to determine that issue as a matter of law particularly under these facts.#p#分页标题#e#