Kevin Elliott, Respondent v. City of New York, Appellants

Summary

The Court of Appeals reversed the trial court’s directed verdict of negligence per se, holding that a violation of New York City’s Administrative Code provision requiring protective guards on bleachers is not negligence per se but merely evidence of negligence. The Court emphasized that local ordinances, even those imposing specific duties, do not carry the force of a state statute for tort purposes. Accordingly, the case was remanded for a new trial on liability.