McCormick v. Safran

Memorandum: The Trial Justice correctly charged the jury that the crux of the lawsuit was whether or not defendant should have seen the the wire, contact with which by her automobile caused plaintiff’s injuries, and also that plaintiff had the burden of proving that defendant saw or was bound to see the wire in time to avoid injury to plaintiff. (See Bush v. Goodno, 233 App. Div. 152, affd. 259 N. Y. 538.) However, he also charged subdivision 1 of section 56 of the Vehicle and Traffic Law, relating to speed of operation of a motor vehicle on a highway, making no reference to any evidence upon…