Charles E. Van Gaasbeck, as Administrator of the Estate of Michael Van Gaasbeck, Deceased, Appellant v. Webatuck…

Summary

The Court held that a violation of subdivision (b) of section 1174 of the Vehicle and Traffic Law imposes absolute liability on the school district and bus driver, rendering contributory negligence unavailable, and ordered a new trial to determine proximate cause; it affirmed the judgment against the automobile driver. Justice Van Voorhis dissented, arguing the statute does not create absolute liability and that the order should be affirmed without a new trial.