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Zittrain Torts Playlist Spring 2013

Tedla et al. v. Ellman et al. Bacheck v. Same.

Headnote

Should the doctrine of NPS apply when obeying the statute would go against the intention of the statute? Plaintiff and her brother were walking eastward on a highway, on the right side of the center line. The defendant’s automobile struck both plaintiff and her brother as it passed by. The plaintiff was injured and her brother was killed. A statute provided that ‘pedestrians shall keep to the left of the center line’. However, at the time there was very heavy traffic heading westward, and only a few cars going east.