Alongi v. Beuter

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 of the statute. Unexcused omission to comply with the statute is negligence in itself. (Martin v. Herzog, 228 N. Y. 164,) In the *991instant case, the said section was violated by the defendant. The brakes on his ear were not in good working order and…