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Texas State Lien Law Summary Levyvon BeckComstock  Form

Texas State Lien Law Summary Levyvon BeckComstock Form

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it's well established that when a person violates a statute and causes damages that person is presumed to have been negligent which is known as negligence per se what's less clear is whether the defendant may offer evidence excusing the violation the court in imsen versus structural Metals considered that very question Iva Grover and Ida emsen were riding in a car attempting to make a left-hand turn at an intersection a truck owned and operated by structural Metals tried to pass the car on the left within 100 feet of the intersection the truck collided with the car killing Iva and causing injury to Grover and Ida Grover emsen brought a negligence action against structural metals in the jurisdiction a statute prohibited passing another vehicle within 100 feet of an intersection the trial court concluded that structural Metals truck driver had violated the statute and was thus negligent per se ingly the trial court didn't submit the issue of negligence to the jury

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