Brown v. Kendall. C. Statutory Violation 1. Martin v. Herzog. Some courts hold that were it is more prudent to violate the statute than to follow it, negligence does not automatically exist. Tedla v. Ellman.
Some courts hold that a statutory violation presents a prima facie presumption of negligence.
However, some courts hold that regardless of the custom of the industry, a d can be held liable if his conduct would fall below that of an average prudent man. Expert testimony can be used to help the jury determine an issue. But for d's negligence, wouldn't have happened. P did not do anything to contribute to the accident. When the object has not altered, d can be liable after it has relinquished control.