Pesso v. Goodman

136 Misc. 277, 240 N.Y.S. 730, 1930 N.Y. Misc. LEXIS 1129

Opinion

Rodenbeck, J.

The charge of the court, that the violation of an ordinance of the city of Rochester relating to speed at street inter sections is negligence per se, is erroneous (Knupfle v. Knickerbocker Ice Co., 84 N. Y. 488; Walker v. Bradt, 225 App. Div. 415, 416; Dodican v. Smith, 221 id. 383, 385), although a violation of a statute upon the same subject has been held to be negligence per se. (Martin v. Herzog, 228 N. Y. 164.)

The general rule is that where the courts have declared a violation of the statute to be negligence per se, the violation of a municipal ordinance upon the same subject is also negligence per se (See 45 C. J. 717, 723, §§ 100, 105; 42 id. 921, § 635, p. 922, note 52, and numerous cases in other States supporting this rule); but that rule has not been adopted in this State.

The motion for a new trial is granted.