Roles v. John A. Schwarz, Inc.

Action by the infant plaintiff to recover damages for personal injuries and by her father to recover for loss of services and expenses. Judgment for plaintiffs reversed on the law and a new trial granted, costs to abide the event. The accident happened within the city of New York. In our opinion, it was prejudicial error for the court to leave to the jury the question of the applicability of sections 81, 85 and 86 of the Vehicle and Traffic Law of the State, applied to this case, to charge that a violation of those sections “ is negligence per se if the violation of that statute contributed…