Judgment reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event.
Memorandum:
This court held in Schaeffer v. Caldwell (273 App. Div. 263) that subdivision 1 of section 15 of the Vehicle and Traffic Law was not a statute which imposed absolute liability for its violation, regardless of negligence. We held that it was for the jury to determine whether the exercise of reasonable care would excuse observance...
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