Morello v. Brookfield Construction Co.

Chief Judge Conway

(dissenting). On December 18, 1950, at about 7:00 p.m., plaintiff’s intestate, Philip Morello, while crossing East Tremont Avenue in New York City, walking from north to south, was struck and killed by the automobile of defendant Murzi which was traveling in an easterly direction on East *92Tremont Avenue. The accident occurred at a point underneath an overpass which had been constructed by Brookfield Construction Co., Inc., for the State of New York. Under its contract with the State, Brookfield undertook to maintain pedestrian, trolley and vehicular traffic and to install the…