Sewar v. Gagliardi Bros. Service

Hancock, Jr., J. (dissenting). •

I must dissent. The statutory liability imposed on the school bus driver by subdivision (b) of section 1174 of the Vehicle and Traffic Law ("Overtaking and passing school bus”) in my opinion is limited to injuries-sustained by pupils from motor vehicles traveling on the highway on which the bus is stopped. (See Pratt v Robinson, 39 NY2d 554, 561; Van Gaasbeck v Webatuck Cent. School Dist. No. 1, 21 NY2d 239.)

The liability for a violation of subdivision (b) of section 1174 is absolute (Van Gaasbeck v Webatuck Cent. School Dist. No. 1, supra, pp 244-245). It did…