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Torts Keyed to Henderson
Tedla v. Ellman
Citation:
19 N.E.2d 987 (1939)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff and her brother John, a deaf-mute, were walking along Sunrise Highway wheeling strollers full of junk when they were struck by a passing car operated by the defendant. The plaintiff was injured and John was killed. The plaintiff’s occupation was collecting and selling junk, which she often picked up at the incinerator in Islip. It was 6pm in December when the accident occurred, so it was already dark, but John had a light. There are no footpaths on the highway, so the plaintiff was walking on the road itself, which is not unlawful as long as the pedestrian is exercising reasonable care. That being said, there existed a statute that required pedestrians on roadways to walk on the lefthand side of the road facing traffic, which the plaintiff and her brother did not do—instead, they were walking with traffic on the righthand side of the road in violation of the statute.
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