Barker v. . Savage
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of the plaintiff. The action was for damages resulting from a personal injury alleged to have been caused by negligence of the defendant Gormley, while driving a cart belonging to the other defendant. The plaintiff was a woman, of over sixty-four years of age, and was lame, walking with a crutch.
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Appeal from a judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of the plaintiff. The action was for damages resulting from a personal injury alleged to have been caused by negligence of the defendant Gormley, while driving a cart belonging to the other defendant. The plaintiff was a woman, of over sixty-four years of age, and was lame, walking with a crutch. She was crossing Third avenue, the lower crossing at Forty-first street, at about ten o’clock in the morning, going from the west side. The defendant Gormley was driving his cart…
1Opinion of the CourtGrover, J.
It was the legal duty of the plaintiff, in crossing the avenue, to exercise reasonable care to protect herself from injury by a collision with vehicles that were traveling thereon. If the omission of such care by her contributed to the injury received, she could maintain no action therefor. In Hartfield v. Roper (21 Wend., 615), Cower, judge, says: “ That it is perfectly well settled that if a party injured by a collision on the highway, has drawn the mischief upon himself by his own neglect, he is not entitled to an action, even though he be lawfully in the highway pursuing his travels. (See…
2Cases cited4 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Board of Education v. City of New YorkNew York Court of Appeals · 1977
3Cited by75 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- McClain v. . Brooklyn City R.R. Co.New York Court of Appeals · 1889
- Adler v. MartinSupreme Court of Alabama · 1912
- Ritter v. HicksWest Virginia Supreme Court · 1926
- Brooks v. . SchwerinNew York Court of Appeals · 1873
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