Anderson v. Holsteen
Supreme Court of Iowa
1DissentMulroney, J.
(dissenting) — I join in the dissenting opinion of Judge Bliss. I do not favor a holding that a pedestrian walks on the right-hand side of the highway at his peril, even though he may be violating the statute. The general rule is that a pedestrian’s violation of such statute is negligence but “such violation must be tbe proximate cause- of the injury- in order to prevent recovery, and whether such violation is the proximate cause is ordinarily a question for the jury.” 3' Berry, Law of Automobiles, Seventh Edition, section 3.242. Cases supporting the above rule are: Sharick v. Galloway, 19…
2Cases cited19 opinions
- Blumb v. GetzIllinois Supreme Court · 1937
- Smith v. Occidental & Oriental Steamship Co.California Supreme Court · 1893
- Tedla v. EllmanNew York Court of Appeals · 1939
- Scalf v. EicherCalifornia Court of Appeal · 1935
- Gayton v. Pacific Fruit Express Co.California Court of Appeal · 1932
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