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| Gargano v. Hanington, 336 NYS 2d 114 (1972). A 14 year old boy riding on a road skidded on sand and was injured. The plaintiff's case was dismissed, and the Supreme Court, Appellate Division, Second Department, reversed judgment and granted a new trial. From the court's opinion: "The question of whether the infant plaintiff was contributorily negligent in riding near the side of the street rather than near the middle, where there was no sand, was for the jury to decide, particularly in view of subdivision (a) of Section 1234 of the Vehicle and Traffic Law, which requires a person operating a bicycle to ride as near to the right side of the road as practicable ..." | ||||
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