McGuire v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Railways Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 26th day of March, 1918, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 16th day of April, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
The question to be determined is whether the plaintiff was guilty of contributory negligence as a matter of law. The jury was warranted in finding from the evidence, which is summarised in the opinion of Mr. Justice Merrell, and which is practically uncontradicted, that the plaintiff while proceeding westerly across Lenox avenue on the downtown or southerly crosswalk of One Hundred and Twenty-third street, looked to the north just before attempting to cross the first rail of the downtown trolley railroad track, saw a car rapidly approaching, with its front just above the northerly…
2Cases cited10 opinions
- Knapp v. . BarrettNew York Court of Appeals · 1915
- Moebus v. . HerrmannNew York Court of Appeals · 1888
- Baker v. . CloseNew York Court of Appeals · 1912
- Brooks v. . SchwerinNew York Court of Appeals · 1873
- Buhrens v. Dry-Dock, East Broadway & Battery Railway Co.New York Supreme Court · 1889
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3Cited by2 opinions
- Schafer v. Rose-Gorman-Rose, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Cavo v. KalbachAppellate Division of the Supreme Court of the State of New York · 1919