Heading: Tedla v. Ellman, 280, N.Y. 124, 19 N.E.2d 987 (1939) p66.
Facts: - Two junk collectors were walking eastbound along Sunrise Highway, a major route.
Procedure:
Issue: In a collision between an automobile and two pedestrians, were the pedestrians contributorily negligent as a matter of law?
Rule: ?
Holding: Pedestrians were not negligent because they were following the law, exercising the standard of care as required by law.
Rationale: The statute governing where pedestrians should walk does not impose a higher standard of care on them than drivers. It only provides rules of road to be observed by pedestrians and by vehicles. Was safer for P to violate statute than it was not to
Policy/Notes: