Warren v. Anchor Motor Freight, Inc.

Carey, J.:

It has frequently been held in Delaware that the violation of a rule of the road such as the ones here involved is negligence per se but that such negligence is not actionable, nor is it available under a plea of contributory negligence, unless it is a proximate cause of damage to another. Lynch v. Lynch, 9 W. W. Harr. 1, 195 A. 799. Ordinarily, whether such negligence is a proximate cause is a jury question but, like most such questions, it should he left to the jury only when there is 'a dispute of fact or when more than one reasonable inference may be drawn from the proven facts.…