Ray v. Interurban Street Railway Co.
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, tenth district, borough of Manhattan, rendered in favor of the plaintiff, upon the verdict of a jury. Action for negligence.
1Opinion of the CourtBischoff, J.
The evidence of the plaintiff’s exercise of care, when crossing the street at the point where the accident occurred, was slight, and while the jury might ’have absolved him from negligence, taking the most favorable view which was possible, the case could well have been decided against him unless a very liberal view of what constituted reasonable care was adopted.
The charge of the justice did not bring out the rule that contributory negligence, however slight, would defeat the recovery, and counsel for the defendant, therefore, requested the instruction that “ if the jury find that the…
2Cases cited1 opinion
- A. L. & J. J. Reynolds Co. v. Third Avenue RailroadNew York Court of Common Pleas · 1894