Johnson v. Boston & Maine Railroad

“No person shall operate a motor vehicle upon any wiy nTTMs~State unless licensed.” (Laws 1921, c. 119, s. 8). The plaintiff was driving a car in violation of this statute, and the question is presented, whether his conduct was a legal wrong as to the defendant. “The true test will be found in a correct ascertainment of the legislative intention.” Lindell v. Stone, 77 N. H. 582, 585.

The mere fact that one is violating a statute when injured does not bar a recovery. If the violation had nothing to do with the accident, it is immaterial to the issue of responsibility. Wentworth v. Jefferson, 60…