Edger v. Allen

2 Citing cases

  1. Northup v. Gage

    6 A.D.2d 748 (N.Y. App. Div. 1958)

    There was no holding in the Trent case that subdivision 12 of section 81 was applicable to every accident which occurred in a public highway in front of a schoolhouse. The presence of a school building is obviously irrelevant if the parties to the accident were traveling along the public highway in the ordinary way without any intention of going into the school building or using it for any purpose. Thus, for example, if the driver of an automobile proceeding in one direction on a public highway collides head-on with another vehicle going in the opposite direction, in the center of the public highway, opposite a school building, subdivision 12 of section 81 is wholly irrelevant in a civil action between the two drivers (cf. Edger v. Allen, 239 App. Div. 808). The same result should be reached in this case.

  2. Trent v. International Railway Co.

    249 A.D. 17 (N.Y. App. Div. 1936)   Cited 2 times

    While the duty of a driver to use extreme caution in passing a school may not necessarily be confined to school children, that obligation does not go so far as to include all individuals who may be using the highway at a time when the school is not in session, and when every one knows that fact. ( Edger v. Allen, 239 App. Div. 808.) It is very true that the Education Law (ยง 455) permits school houses and grounds to be used for certain specified purposes outside of school hours.