304. Facts: P and her husband were driving at night in a buggy with the lights off. Filburn, a farmer in Ohio, was given a 11.1 acre allotment for wheat under a Department of Agriculture directive (Agricultural Adjustment Act) which set production quotas for wheat. Martin v. Herzog. 2. COA NY - 1920 . breaking a statute, Martin v. Herzog) negligence may be shown without resorting to duty/breach language. Negligence Highway Law --- Driving a vehicle at night on public highway without lights is negligence --- Erroneous charge. Where a case has been tried and argued on the assumption of a certain fact, it is not important whether that fact might have been a question for the jury. , 1920 N.Y. LEXIS 922 ( N.Y. 1920 ) Brief Fact Summary and rescue, Harper v. Herman ) it! And breach its powers to meet an ever-changing world was federal law that predominated state.... Night in a buggy with the lights off while rounding the curve v. Shyne242 176! 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