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

Summary

The New York Court of Appeals held that a violation of subdivision (b) of section 1174 of the Vehicle and Traffic Law creates absolute liability, not merely negligence per se, and therefore contributory negligence is unavailable as a defense. Accordingly, the Court reversed the dismissal of the statutory cause of action against the school district and the bus driver and ordered a new trial to determine proximate cause, while affirming the judgment against the automobile driver. Justice Van Voorhis dissented, arguing that the statute does not create liability per se and that the order should be affirmed.