ANDO v. WOODBERRY


8 N.Y.2d 165 (1960)

Robert W. Ando, Appellant, v. Essie M. Woodberry et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1960.


Attorney(s) appearing for the Case

Samuel J. Moskowitz and Graham M. Scheinman for appellant.

Peter E. De Blasio for respondents.

Chief Judge DESMOND and Judges DYE, FROESSEL, BURKE and FOSTER concur with Judge FULD; Judge VAN VOORHIS dissents in an opinion.


FULD, J.

This appeal calls upon us to decide a question of first impression in this court: May a defendant's prior plea of guilt to a traffic offense be introduced as evidence of his carelessness in a civil action for damages?

The relevant facts are simple and undisputed. Robert Ando, a police officer, driving a motorcycle, and Edward Nichols, driving an automobile owned by Essie Woodberry, were both proceeding...

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