Booth v. City of Rochester

Judgment and order reversed on the law and a new trial granted, with costs to the appellant to abide the event. Memorandum: Under the definition of the statute, a police automobile is a vehicle but not a motor vehicle. (Vehicle & Traffic Law, art. 1, § 2, subds. 7, 8.) The court read to the jury the provisions of subdivision 1-a of section 56 and the relative portions of sections 58 and 67 of the Vehicle and Traffic *850Law and charged the jury in substance that a violation of these provisions was negligence itself. These provisions do not relate to police vehicles, hence it was prejudicial error…