| Venue: | NY Ct. App. |
| Facts: | Brother and sister junk collectors are walking on the highway, on the wrong (according to statute) side. Traffic is heavy on that side, though. They get hit by the defendant's car. There were no sidewalks, and they had baby buggies to carry their junk, so the muddy grass wasn't an option either. |
| Posture: | Judgment for plaintiffs at trial, affirmed on appeal. |
| Issue: | Did the violation of the pedestrian statute establish contributory negligence? |
| Holding: | No. Affirmed. |
| Rule: | That statute isn't about pedestrian safety, and it shouldn't be construed as having anything to do with negligence. |
| Reasoning: | Actually, heeding the statute might have been even more dangerous. But anyway, this statute isn't about a standard of care, so compliance is irrelevant to a question about whether the Tedlas were careful. This is distinguished from Herzog, where the statute was clearly about safety. |
| Dicta: | |