Dlugoff v. Tecklin

In an action to recover damages for personal injuries, plaintiff appeals from a judgment dismissing the complaint on the merits, after a verdict in favor of the defendant. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. The appellant’s intestate, who died after the judgment was entered, was crossing Avenue K, in the borough of Brooklyn, walking in a southerly direction. He was struck by the automobile of the defendant, traveling in a westerly direction. There was a sharp conflict as to whether the decedent was struck while he was on the…