Ploxin v. Brooklyn Heights Railroad

Judgment and order reversed, with costs, and complaint unanimously dismissed, with costs, upon the ground that the evidence establishes, as matter of law, that decedent was guilty of contributory negligence. The evidence, viewed in the light most favorable to plaintiff’s case, tended to establish that the decedent, having seen the well-lighted car, some thirty feet east of Lawrence street — that is, from one hundred and eighty to two hundred feet east of his position — approaching rapidly upon the further or northern track, started to walk across the street directly in front of the car, where…