Price v. Gabel

(dissenting) — The majority opinion stresses the rule that “it is negligence in itself to violate a positive rule of the statute,” citing Keller v. Breneman, 153 Wash. 208, 279 Pac. 588, and our prior decisions. That rule of negligence is of aid to the defendants here only as showing that the plaintiff was negligent in stationing himself in the street as he did. That does not demonstrate that such negligence of the plaintiff constituted a contributing, proximate cause of his damage. I think negligence in violation of a statutory or ordinance rule of law, civil or criminal, is no different, as…