Mahoney v. Beatman

The trial court found that the collision between the automobiles of plaintiff and defendant was the result of defendant’s negligence. The correctness of this conclusion is not, and cannot be, challenged. Probability of injury by one to the legally protected interests of another is the basis for the law’s creation of a duty to avoid such injury. This duty is determined by what the reasonable man would or should do or would or should omit to do in like circumstances, and when its violation culminates in damage as a consequence of the violation an action will lie for the resulting damage. The…