Cooperstein v. . Eden Brick Supply Co.

I dissent. To justify the jury in rendering a verdict in favor of the plaintiff it had to find not only that the "defendant was negligent, but that the intestate was free from negligence. The evidence was sufficient to justify a finding that defendant was negligent, but the record is absolutely barren of any evidence which would justify a finding that the intestate exercised any care whatever as to her own safety; on the contrary, the evidence is that she did not exercise any care from the time she left the sidewalk until she was struck by defendant’s car. The plaintiff’s witness Ida Monstein…