Legal Opinion

Kent v. Lajotte

Appellate Terms of the Supreme Court of New York

Decided May 15, 1918Published

Appeal by the defendant from a judgment of the City Court of the city of New York awarding damages to plaintiff for personal injuries.

1Opinion of the CourtWhitaker, J.

The action was for personal injuries caused to plaintiff by being run over by defendant’s driver, while plaintiff was crossing the street. On January 22, 1916, plaintiff was crossing West Seventeenth street in the middle of the block from south to north. Defendant’s driver was driving from ‘east to west along the street at a fair pace. Plaintiff had nearly reached the north sidewalk within three or four feet and, when he saw the defendant’s wagon coming, turned back and was struck.

While there is ample evidence to sustain a finding that the plaintiff was guilty of contributory negligence,…

2Cases cited2 opinions

  1. Loughlin v. . BrassilNew York Court of Appeals · 1907
  2. O'Brien v. Hencken & Willenbrock Co.Appellate Division of the Supreme Court of the State of New York · 1916

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