Healy v. United Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the United Traction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 11th day of January, 1906, upon the verdict of a jury for $4,250, and also from an order entered in said clerk’s' office on the 20th day of January, 1906, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the United Traction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 11th day of January, 1906, upon the verdict of a jury for $4,250, and also from an order entered in said clerk’s' office on the 20th day of January, 1906, denying the defendant’s motion for a new trial made upon the minutes. About half-past twelve o’clock at night on May 18, 1904, plaintiff’s intestate," who was forty-five years of age, while crossing the defendant’s single track railroad on Fifteenth…
1Opinion of the Court
Smith, J.:
Upon the former appeal it appeared from the record that plaintiff’s intestate attempted to cross in front of an approaching car when the car was only thirty-five feet from her. We were of opinion that her attempt to cross under those circumstances was clearly unwarranted in the exercise of reasonable care on her part, and the plaintiff had failed to show that she was free from contributory negligence. The only witness of the accident has now changed his testimony and says that when she started to cross the track the car was from seventy-five to one hundred feet from her. Otherwise…
2Cases cited1 opinion
- Frank v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Adams v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908