Belton v. Baxter
The Superior Court of New York City
The only questions argued upon this appeal, arose upon the refusal below, to dismiss the complaint. The action was to recover damages for personal injuries sustained by the plaintiff, through the alleged negligence of the defendants’ servant. The motion to dismiss was on the ground that the evidence showed concurring negligence of the plaintiff, and did not show any negligence on the part of the defendants.
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The only questions argued upon this appeal, arose upon the refusal below, to dismiss the complaint. The action was to recover damages for personal injuries sustained by the plaintiff, through the alleged negligence of the defendants’ servant. The motion to dismiss was on the ground that the evidence showed concurring negligence of the plaintiff, and did not show any negligence on the part of the defendants. These questions were left to the jury under instructions from the court as to their effect upon the verdict. The following facts appeared from the evidence. Plaintiff was walking upon the…
1Opinion of the Court
By the Court.—Monell, J.
The right of the plaintiff to cross the avenue, and.the relative duty of drivers of vehicles, in respect to such rights, was correctly and forcibly stated to the jury by the learned justice before whom the action was tried.
This right of foot passengers to travel upon the public highway, and especially to use the crossings, has been frequently asserted by this court, and should be, sometimes at least, recognized by the drivers of ve*185hides, who practically and habitually regard foot passengers as mere intruders upon and obstructors of the highway, and who can be run over…
2Cases cited2 opinions
- Barker v. . SavageNew York Court of Appeals · 1871
- Barker v. SavageThe Superior Court of New York City · 1869