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VAN GAASBECK v. WEBATUCK CENT. SCH.

21 N.Y.2d 239 (1967)

Charles E. Van Gaasbeck, as Administrator of The Estate of Michael Van Gaasbeck, Deceased, Appellant, v. Webatuck Central School District No. 1 of the Towns of Amenia, North East, Stamford and Washington, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 28, 1967.

Attorney(s) appearing for the Case

Roy L. Featherstone and Thomas F. Vasti, Jr., for appellant.

Richard Michael Moran for Webatuck Central School District No. 1 and another, respondents.

Vernon Murphy and Robert A. MacKennan for Alvin B. Huehnel and another, respondents.

Opinion by Judge SCILEPPI. All concur except Judge BERGAN and KEATING, who dissent in part and vote to reverse and grant a new trial as to all defendants, and Judge VAN VOORHIS, who dissents and votes to affirm in a separate opinion in which Chief Judge FULD and Judge BURKE concur.

SCILEPPI, J.

The issue presented by this case is whether a violation of subdivision (b) of section 1174 of the Vehicle and Traffic Law gives rise to absolute liability or negligence per se. That section provides: "The driver of a school bus, when discharging pupils who must cross the highway, shall instruct such pupils to cross in front of the bus and the driver thereof shall keep such school bus halted with...

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