Kaplan v. Posner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herman Kaplan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of' the clerk of the county of Kings on the 14th day of November, 1919, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Kelly, J.:
This was a crossing accident. The plaintiff, a man forty-seven years of age, was on his way home about twelve o’clock at night, traveling north on the west or left-hand side of Keap street in Brooklyn. He reached Broadway, which runs approximately east and west, and, intending to cross Broadway, as he stepped off the southerly curb he was immediately struck by defendant’s automobile, a small Ford delivery wagon which *60came from plaintiff’s left-hand side, running east on Broadway, close to the southerly curbstone and traveling very fast—■ pretty quick, or as one of the plaintiff’s…
2Cases cited4 opinions
- Dolfini v. . Erie R.R. Co.New York Court of Appeals · 1904
- Baker v. . CloseNew York Court of Appeals · 1912
- Farrell v. Fire Insurance Salvage CorpsAppellate Division of the Supreme Court of the State of New York · 1919
- Austin v. Long Island RailroadNew York Supreme Court · 1893
3Cited by3 opinions
- Sullivan v. LocastroAppellate Division of the Supreme Court of the State of New York · 1991
- Permento v. StoryAppellate Division of the Supreme Court of the State of New York · 1921
- Rabin v. MurphyAppellate Terms of the Supreme Court of New York · 1937