Northup v. Gage

Halpern, J. (dissenting).

In my opinion, there are two errors in this case

which require reversal: — first, the court did not correctly charge the substance of subdivision 12 of section 81 of the Vehicle and Traffic Law, with reference to the duty of motorists approaching or passing a school; second, the court erred in holding that that section was applicable to this ease at all.

The infant plaintiff, a girl 14 years of age, was riding on the rear seat of a motorcycle owned and operated by the defendant Gage, when the motorcycle collided with an automobile owned and operated by the…