Muller v. Standard Oil Co.

I dissent. Assuming that a case of negligence per se was established against the plaintiff, yet, upon the evidence before us and the finding implied by the verdict of the jury and the denial of a motion for a new trial that such negligence did not enter into and form a part of the efficient cause of the injury, such finding should not be disturbed for the reason that, in my opinion, we would be bound by a finding either way.

Rehearing denied.

All the Justices, except Lawlor, J., concurred.