Torts: Basic Fluency in a Fundamental Legal Language *(Revised for Fall '25)

Resource 4 . 3 . 3 . 1 . 1

6 minutes

Martin v. Herzog ("The Lightless Buggy to Tarrytown Case")

Jordan Wallace-Wolf

Why was the plaintiff found to be contributorily negligent? Distinguish between two claims: that the plaintiff breached the duty of reasonable care and that this breach caused the accident. Are both claims true?

New York Court of Appeals

228 N.Y. 164

1920-02-24

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