Weigand v. . United Traction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was guilty of contributory negligence as matter of law. (Lofstin v. B. H. R. R. Co., 184 N. Y: 148; Reed v. M. S. R. R. Co., 180 N. Y. 315; McGreevy v. N. Y. C. R. R. Co., 113 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 16, 1916, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff was guilty of contributory negligence as matter of law. (Lofstin v. B. H. R. R. Co., 184 N. Y: 148; Reed v. M. S. R. R. Co., 180 N. Y. 315; McGreevy v. N. Y. C. R. R. Co., 113 App. Div. 155; Pindar v. B. H. R. R. Co., 173 N. Y. 519; Dolfini v. Erie R. R. 178 N. Y. 1; Hagglund v. Erie R. Co., 210 N. Y.…
1Opinion of the CourtAndrews, J.
River street, Troy, runs north and south. Through its center are two tracks of the defendant’s railroad with a distance between them of about four feet eight inches.
Anna Weigand is some twenty-four years of age. She was bom deaf and dumb, but has attended school, is able to read and write, and has been engaged in dress making and in work in a collar factory, earning from eight to fifteen dollars a week. She is, therefore, a woman of intelligence.
On the evening of February 10th, 1916, at about six o’clock, she was on the west side of Eiver street toward the center of a block. She intended to…
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