From Casetext: Smarter Legal Research

Macaluso v. Traube-Berger Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1915
172 App. Div. 898 (N.Y. App. Div. 1915)

Opinion

December, 1915.

Present — Carr, Stapleton, Mills, Rich and Putnam, JJ.


Judgment and order unanimously affirmed, with costs, upon the ground that the evidence, as matter of law, affirmatively established that plaintiff was guilty of contributory negligence in attempting to cross the street in front of the car approaching from the north, when he was only about thirty feet away from it and had about twenty-four feet to go to be well clear of it, and when it was approaching at such speed that, unless its speed was checked, he would have a very close shave in passing in front of it, as is indicated by the fact that as it was, with the motorman applying the air brakes, plaintiff barely passed the car and was hit, within three or four feet after passing the further rail of the track upon which the car was running, by the automobile.


Summaries of

Macaluso v. Traube-Berger Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1915
172 App. Div. 898 (N.Y. App. Div. 1915)
Case details for

Macaluso v. Traube-Berger Company

Case Details

Full title:Giuseppe Macaluso, Appellant, v. Traube-Berger Company, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1915

Citations

172 App. Div. 898 (N.Y. App. Div. 1915)