Satterlee v. Orange Glenn School District

I concur in the judgment. I cannot agree, however, with the doctrine set forth in the majority opinion that an act or a failure to act in violation of a statute like the Vehicle Code is merely “presumptive evidence of negligence,” which may be rebutted by showing that the act or omission was justifiable or excusable under the circumstances, with the excuse or justification a question of fact for the jury. This doctrine is in effect a modified form of the doctrine that the violation of a statute (herein used to include an ordinance) is merely evidence of negligence. Under the ordinary…