Gullery v. MacGuire
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal 'Court of the city of New York, borough of Manhattan, ninth district, entered upon a verdict rendered in favor of the plaintiff and from an order denying a motion for a new trial.
1Opinion of the CourtLehmau, J.
The plaintiff was run down by the defendant’s automobile. He has recovered judgment for the injuries thereby sustained. He testified that, before starting to cross the street, he saw the defendant’s automobile approaching rapidly. The automobile was- then about 200 feet away, according to the plaintiff, but apparently somewhat closer according to other testimony produced by him. If the defend*126ant had rested at the close of the plaintiffs cáse, the trial justice could not have directed a verdict for the plaintiff; for it is -a question of fact for the jury whether o>r not.under the…
2Cases cited1 opinion
- Netterfield v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908