Tedla v. Ellman
New York Court of Appeals
19 N.E.2d 987 (1939)
Anna Tedla and her brother (plaintiffs) were walking after dark along the right-hand side of a highway, where traffic was light, rather than the left-hand side required by a state statute, because the left side of the road that evening carried heavy traffic. A vehicle owned by Ellman (defendant) struck the two pedestrians, injuring Tedla and killing her brother. Ellman argued that Tedla and her brother's violation of the pedestrian statute was contributory negligence, but the jury found the accident was caused solely by the driver's negligence, and the appellate division affirmed that judgment; Ellman appealed.
Whether a pedestrian who violates a statute directing which side of the road to walk on is negligent per se when following the statute would have exposed the pedestrian to greater danger.