Hubbard v. New York Railways Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Railways Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 9th day of January, 1918, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 19th day of January, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Blackmar, J.:
The appellant claims that the verdict, in that it finds plaintiff free from contributory negligence, is against the weight of evidence, and we think it is. The plaintiff was crossing Fourteenth street in front of an approaching car, which he was watching as it came. Before he succeeded in crossing he was struck by the car and injured. There was no emergency, but plaintiff went deliberately and as the result of a calculation that he had time to cross in safety. It is negligent to cross a street in front of an approaching car on a nice calculation of chances. (McGuire v. New York…
2Cases cited5 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Matter of CaseNew York Court of Appeals · 1915
- Mullen v. Schenectady Railway Co.New York Court of Appeals · 1915
- McGuire v. New York Railways Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Vandenbout v. Rochester Railway Co.New York Court of Appeals · 1911
3Cited by2 opinions
- State v. LinvilleOregon Supreme Court · 1928
- McGuiggan v. St. Paul City Railway Co.Supreme Court of Minnesota · 1949