Schaffer v. Gambetta

The plaintiff herein sustained injuries as a result of contact with the defendant’s automobile while plaintiff was walking north on the west side of Fifth avenue at or near the Seventh-ninth street transverse at about six-thirty p. m. on October *13315, 1936. One of the issues of fact was the exact location of the accident.

Plaintiff claimed it happened on the crosswalk, and defendant’s witnesses testified that the accident occurred about twenty feet west of the crosswalk. The jury found in favor of the defendant. The appeal is before the court upon an abridged record containing only so much of the…