Essig v. Lumber Operating & Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis J. Essig, 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 23d day of October, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of November, 1917, denying plaintiff’s motion for a new trial made upon the minutes.
1Per curiam
Plaintiff on his motorcycle, riding easterly on Carroll street, attempted to cross Fourth avenue, Brooklyn, at about six p. m., August 1, 1916. He failed to cross this street, the roadway of which is 70 feet in width, and was knocked off his motorcycle when near the eastern curb of Fourth avenue, and somewhat southerly from the southeast corner of Carroll street. Considering that the south-bound truck had the right of way (Code of Ordinances, chap. 24, Traffic Reg. § 15; Cosby’s Code Ord. [Anno. 1917] p. 516) plaintiff took an evident risk in crossing in front of the privileged vehicle;…
2Cited by1 opinion
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