Frigge v. Brooks
Decision Date | 21 May 1934 |
Parties | J. RAYMOND FRIGGE, APPELLANT, v. PERRY BROOKS, RESPONDENT |
Court | Kansas Court of Appeals |
Appeal from Circuit Court of Saline County.--Hon. Robt. M. Reynolds Judge.
Judgment affirmed.
C. G Myers, Amon Townsend and Albert L. James for appellant.
Madden Freeman & Madden for respondent.
The petition further alleged that the defendant's truck was operated by his employees in a negligence and reckless manner upon the "wrong and unlawful" side of the highway and "that by reason of said negligent, careless, reckless and unlawful act of defendant" plaintiff was damaged in the sum of $ 1723.50.
The trial court sustained defendant's motion to strike the quoted paragraph of plaintiff's petition. Trial resulted in verdict and judgment for defendant. Plaintiff has appealed.
The plaintiff presents the single question, was the motion to strike correctly ruled? In support of this insistence that the court erred in sustaining the motion plaintiff invokes the well-established rule that the violation of a statute such as the one here involved is negligence as a matter of law.
The author has read the many decisions in this jurisdiction cited in plaintiff's brief. None of them hold that the violation of a statute or ordinance is actionable unless the violation causes injury. It is elementary that negligence is not actionable unless it is the efficient cause or one of the efficient causes of the injury. [Deschner v. St. Louis & M. R. Ry. Co., 200 Mo. 310, 98 S.W. 737; Diehl v Green Fire Brick Co., 299...
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