Smith v. Zone Cabs

The question is whether the mere violation of an ordinance which prohibits a pedestrian from crossing between street intersections is to be deemed, as a matter of law, the proximate cause of appellant’s injuries.

It is' fundamental that mere negligence on the part of a plaintiff is as insufficient to preclude his recovery as mere negligence on the part of a defendant is . insufficient to fix his liability. To preclude recovery in the one case, or to fix liability in the other, the negligence, claimed or presumptive, must be shown to have been the proximate cause.

The law presumes negligence…