Anna Tedla and her brother, John Bachek (plaintiffs), were struck by a passing automobile, operated by the defendant, Ellman. Tedla was injured and Bachek was killed. Bachek was a deaf-mute. The plaintiff had engaged in collecting and selling junk. They picked up junk at the incinerator of the village of Islip, New York. At the time of the accident, plaintiffs were walking along and wheeling baby carriages containing junk and wood. It was about six o'clock on a Sunday evening in December. Bachek was carrying a lighted lantern. The jury found that the accident was due solely to the negligence of the operator of the automobile. The place of the accident consisted of two roadways, separated by a grass plot. There were no footpaths along the highway and the center grass plot was soft. It is not unlawful for a pedestrian, wheeling a baby carriage, to use the roadway under such circumstances. The Vehicle and Traffic Law (Cons. Laws, ch. 71) provided that "Pedestrians walking or remaining on the paved portion, or traveled part of a roadway shall be subject to, and comply with, the rules governing vehicles, with respect to meeting and turning out, except that such pedestrians shall keep to the left of the center line thereof, and turn to their left instead of right side thereof, so as to permit all vehicles passing them in either direction to pass on their right. Such pedestrians shall not be subject to the rules governing vehicles as to giving signals." The plaintiffs did not and were not observing the statutory rule. At the time of the accident, they were proceeding in easterly direction on the east-bound or right-hand roadway.
Read more about this topic: Tedla V. Ellman
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Facts usually refers to the usage as a plural noun of fact, an incontrovertible truth. Facts may also refer to:
- Carroll, Lewis, who wrote a poem called "Facts"
- FACTS (newspaper), program produced by Asia Television in Hong Kong
- Flexible AC transmission system, abbreviated FACTS
- Newdow, Michael, the leader of the church "First Amendment Church of True Science", which has the acronym FACTS
- Fact - Fact in Data Warehousing
- FACTS (newspaper) - was a weekly magazine from Switzerland, appearing in the publishing house Tamedia
- Facts (convention) - a comic, scifi and anime festival in Belgium
Famous quotes containing the word facts:
“Scholars dream of finding small facts pregnant with great progeny.”
—Mason Cooley (b. 1927)
“Genius has infused itself into nature. It indicates itself by a small excess of good, a small balance in brute facts always favorable to the side of reason.”
—Ralph Waldo Emerson (18031882)
“A pun does not commonly justify a blow in return. But if a blow were given for such cause, and death ensued, the jury would be judges both of the facts and of the pun, and might, if the latter were of an aggravated character, return a verdict of justifiable homicide.”
—Oliver Wendell Holmes, Sr. (18091894)