NEGLIGENCE(Criminal Statutes, Civil Statutes & Negligence Per Se)
Judge v. Jury (In Determining the Standard of Care)•Marshall v. Southern Ry. Co., (p. 108)•Judge determining negligence as a matter of law•Chaffin v. Brame, (p. 108)•Judge finding negligence cannot be determined as a matter of law
•Statutes can sometimes set the standard of care . . . •Osborne v. McMasters , 41 N.W. 543 (Minn. 1889) (not in book)•“If a statute imposes upon any person a specific duty for the protection or benefit of others, and a person neglects to perform that duty, he is liable to those for whose protection or benefit it was imposed for any injuries of the character which the statute was designed to protect that proximately arise from that neglect.”
Negligence Per Se•Two part test:(1)Whether the statute was designed to protect against the type of harm suffered by the plaintiff, and(2)Whether the class of persons designed to be protected by the statute includes the plaintiff- This a determination made by the judge
•Type of Harm Contemplated by Statute•Plaintiff as Member of Protected ClassExample:•Gorris v. Scott, 22 Week. Rep. 575 (1874).
•Martin v. Herzog, (p. 110)•
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- Fall '09
- Law, criminal statutes