Birkhill v. Todd

Plaintiff Ralph Birkhill brought action against defendant John Todd to recover damages allegedly caused when plaintiff was struck by an automobile driven by defendant while walking across a street. Following plaintiff’s proofs, defendant moved for a directed verdict. The motion was granted and plaintiff appeals.

Following the well-settled rule that on a defendant’s motion for a directed verdict the facts must be viewed most favorably for the plaintiff, 1 we set forth the facts. The incident out of which this case arose occurred on West Grand Boulevard between Second and Third Avenues in the…