McGuire v. . New York Railways Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 18, 1919, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
1Dissent
Pound, J. (dissenting).
On the weight of evidence, plaintiff’s case seems weak, but that is not our concern.'. The question presented is whether it is contributory negligence as a matter of law for a pedestrian on a street crossing on one side of a street to walk at a good fast gait in front of a moving trolley car which he sees from the strip between the double tracks in the middle of the intersecting street, approaching, the opposite crossing, thirty feet away, rapidly and with unslackened speed, when he is struck by the car just as he is stepping off the further rail through the negligence…
2Cases cited4 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
- Queeney v. . WilliNew York Court of Appeals · 1919
- Ploxin v. . Brooklyn Heights Railroad CompanyNew York Court of Appeals · 1917