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Tedla v. Ellman

Court of Appeals of New York
19 N.E.2d 987 (1939)


Facts

Tedla and her brother (plaintiffs) were walking along a highway after dark. They were walking along the right-hand side of the road. The traffic along the right-hand side of the road was very light that evening. The traffic along the left-hand side of the road was heavy. A state statute provided that pedestrians walking along the highway must walk along the left-hand side of the road, so that vehicles would pass them on their right. Ellman (defendant) struck Tedla and her brother with her vehicle. Tedla was injured and her brother was killed. Tedla brought suit on her and her brother’s behalf. Ellman moved to dismiss both claims, alleging that Tedla and her brother were guilty of contributory negligence. The case was tried on the merits. The trial court submitted to the jury whether a violation of the statute proximately caused the accident. The jury found that, in both Tedla’s and her brother’s case, Ellman was the sole cause of the accident. Ellman appealed.

Rule of Law

Issue

Holding and Reasoning (Lehman, J.)

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