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Stassen v. New York City Railway Co.

Supreme Court, Appellate Term
Feb 1, 1907
52 Misc. 577 (N.Y. App. Term 1907)

Opinion

February, 1907.

William E. Weaver, for appellant.

Goodale Hanson, for respondent.


This is an appeal by the defendant from a judgment in favor of plaintiff, entered upon the verdict of a jury. The plaintiff was struck by a north bound car while crossing the north crosswalk of Columbus avenue and One Hundred and Seventh street. The accident happened on a clear morning. According to plaintiff's own testimony he looked and saw no car, then walked to within three or four feet of the track, heard a wagon rattling, turned in the direction from which the sound came, looked south and saw a wagon. He did not see any car and started to cross over and was just stepping on the track when he heard somebody "holler." The car was then five or six feet away. The car struck him and knocked him back in the direction from which he came. Clearly, the plaintiff did not exercise the care which the law requires to establish freedom from contributory negligence. Madigan v. Third Ave. R.R. Co., 68 A.D. 123.

The judgment, therefore, must be reversed and a new trial ordered, with costs to appellant to abide the event.

Present: GILDERSLEEVE, MACLEAN and AMEND, JJ.

Judgment reversed and new trial ordered, with costs to appellant to abide event.


Summaries of

Stassen v. New York City Railway Co.

Supreme Court, Appellate Term
Feb 1, 1907
52 Misc. 577 (N.Y. App. Term 1907)
Case details for

Stassen v. New York City Railway Co.

Case Details

Full title:WILLIAM F. STASSEN, Respondent, v . THE NEW YORK CITY RAILWAY COMPANY…

Court:Supreme Court, Appellate Term

Date published: Feb 1, 1907

Citations

52 Misc. 577 (N.Y. App. Term 1907)
102 N.Y.S. 468