TEDLA V. ELLMAN
• 1933 statute – pedestrians must walk to the left of the center lines (walk against the traffic coming toward you)
• P were walking eastbound with traffic – clear violation of the statute
• Plaintiffs were walking with traffic because their was less traffic on the eastbound side of the highway
• purpose of the statute is to prevent accidents (obviously)
• when the unusual occurs (like much more traffic on one side of the highway than the other side), the legislature would still want the safety of pedestrians
• substantive intent is to promote safety – if we can promote safety by excusing P’s violation of statute, then we should do so
holding for pedestrians
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