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Platz v. The City Of Cohoes
Should courts consider the objective of the statute when negligence per se is invoked? Plaintiff was riding with her husband in a carriage on Sunday. City workers left a pile of dirt on the street, directly in the way of traffic. The plaintiff’s carriage was overturned when it encountered the pile. Plaintiff sued for her injuries on a theory of negligence. The city asserted that the plaintiff’s violation of a a “Sunday law”—which prohibited riding on the streets in observance of Sunday—barred her from recovery.
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