Rothfeld v. Clerkin
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, after a trial by court without a jury.
1Dissent
Bijur, J. (dissenting).
Plaintiff was injured according to her own testimony under the following circumstances: .
When about to cross Allen street, which runs north and south, standing on the northwest corner of the intersection of that street and Delancey, she noticed defendant’s automobile truck coming southward about “ two houses ” away, as described by plaintiff, or forty or fifty feet, as indicated by one of her witnesses. It was a few “ steps ” from the west curb. Allen street is about twenty-five feet in width.. She says the machine was coming “ fast;” her witness says that it was coming…
2Cases cited3 opinions
- Kleiner v. . Third Avenue R.R. Co.New York Court of Appeals · 1900
- McEntee v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Schneider v. Locomobile Co. of AmericaAppellate Terms of the Supreme Court of New York · 1913