Torts

Resource 13 . 1 . 1

10 minutes

Martin v. Herzog

Kathleen,

Mary R Ziegler,

Molly Flash

          To establish negligence, a plaintiff must show that a defendant had a duty to act in the first place. At times, a statute might create a duty where one otherwise would not exist. In years past, courts found that some statutory violations were negligence, plain and simple. The next case takes such an approach.

New York Court of Appeals

228 N.Y. 164

1920-02-24

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