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McCale v. New York State Railways

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 1, 1917
178 App. Div. 909 (N.Y. App. Div. 1917)

Opinion

April, 1917.


Judgment affirmed, with costs. All concurred, except Kruse, P.J., who dissented upon the ground that the evidence tends to show that the deceased was aware of the approach of the street car, but had reasonable grounds to believe that it would stop or slacken its speed so that he could cross the tracks in safety, and after he had started to cross and it was apparent that he intended to cross, and when the street car was within 100 feet of the crossing, the speed of the car was suddenly accelerated, resulting in the collision.


Summaries of

McCale v. New York State Railways

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 1, 1917
178 App. Div. 909 (N.Y. App. Div. 1917)
Case details for

McCale v. New York State Railways

Case Details

Full title:IDA McCALE and Another, as Executors, etc., Appellants, v. NEW YORK STATE…

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

Date published: Apr 1, 1917

Citations

178 App. Div. 909 (N.Y. App. Div. 1917)