Wall v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adelaide Wall, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Erie on the 29th day of October, 1919, dismissing the complaint at the close of the plaintiff’s case.
1Opinion of the Court
Lambert, J.:
The full presentation of the facts of the case, in the dissenting opinion of Mr. Justice Davis, is adequate to the application of the controlling rules of law.
It may be conceded that the proof of speed, failure of warning and violation of the ordinances was sufficient to carry the case to the jury upon the question of the defendant’s negligence. The charge of contributory negligence of the plaintiff is the serious inquiry here.
It is conceded that the plaintiff, upon alighting from the car, passed to the rear thereof and into a position where she was struck by an oncoming car upon…
2Cases cited3 opinions
- Reed v. Metropolitan Street Railway Co.New York Court of Appeals · 1905
- Schasel v. . International Railway CompanyNew York Court of Appeals · 1920
- Schasel v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918