Burgesser v. Bullock's

In Burgesser v. Bullock's (1923) 190 Cal. 673, the California Supreme Court noted that in some jurisdictions it is negligence as a matter of law for a motorist to operate his vehicle at night at such a speed that he cannot stop in time to avoid an object or person within the area illuminated by headlights. While the court declined to adopt the rule that this constitutes negligence as a matter of law, it did observe that the question of negligence of the defendants in such a case was for the jury to determine. ( Id., at pp. 680-681.)