O'Reilly v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred J. Davis, from a judgment of the Supreme Court, in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 22d day of May, 1909, upon the verdict of a jury for $275, and also from an order entered in said clerk’s office on the 17th day of May, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Thomas, J.:
The plaintiff, with a companion, was walking toward the west on a trolley track, and hearing, but not seeing, a car coming in front of him, stepped to the right into a familiar road, frequented by vehicles, and was struck by the defendant’s automobile. His statement is: “Just as I was stepping off the rail I looked back, to see if anything was coming along there and didn’t see a thing, and then I stepped off and walked four or five feet and I was hit by something. This is perfectly and absolutely correct. * * * From the place where I was hit up to the top of that hill at Bachman’s…
2Cited by2 opinions
- Heath v. WylieWashington Supreme Court · 1919
- Jarrett v. MadifariAppellate Division of the Supreme Court of the State of New York · 1979