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Torts Keyed to Franklin
Tedla v. Ellman
Citation:
Court of Appeals of New York, 1939. 280 N.Y. 124, 19 N.E.2d 987.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The plaintiffs, the Tedla’s, were walking on the right side of the road in violation of a pedestrian statute and were struck by the defendant’s vehicle resulting in injury. The defendant, Mr. Ellman, hit the plaintiffs with his vehicle from behind. Mr. Ellamn’s negligence has already been proven at trial, but the plaintiffs’ negligence is at issue. The governing statute states that pedestrians must walk on the road’s left side so vehicles may always pass them on the right. The plaintiffs were walking on the right side of the road at the time of the accident because there was heavy traffic on the left side. The defendant is alleging that the plaintiff’s violation of this statute makes them contributorily negligent.
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