What is the test to establish contributory negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Perry v. First Corp., 167 Cal.App.2d 359, 334 P.2d 299 (Cal. App. 1959):
The test to be applied in such a case as this we find well expressed in Anthony v. Hobbie, 25 Cal.2d 814, 818, 155 P.2d 826, 829: '* * * contributory negligence is not established as a matter of law unless the only reasonable hypothesis is that such negligence exists; that reasonable or sensible men could have drawn that conclusion and none other; that where there are different inferences that may be drawn, one for and one against, the one against will be followed; and that before it can be held as a metter of law that contributory negligence exists, the evidence must point unerringly to that conclusion. [Citations.]'
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
