Legal Opinion · Dissent

Anderson v. Holsteen

Supreme Court of Iowa

Decided April 9, 1947No. 46938Published

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

  1. Blumb v. GetzIllinois Supreme Court · 1937
  2. Smith v. Occidental & Oriental Steamship Co.California Supreme Court · 1893
  3. Tedla v. EllmanNew York Court of Appeals · 1939
  4. Scalf v. EicherCalifornia Court of Appeal · 1935
  5. Gayton v. Pacific Fruit Express Co.California Court of Appeal · 1932

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API