Schwartz v. Lawrence

Burr, J.:

This action is to recover damages for personal injuries alleged to have been sustained by plaintiff when struck by defendant’s automobile on March 21, 1921, at or near the southwest corner of Seventh avenue and Fifty-ninth street, New York city.

The happening of the accident was not disputed, but it developed on the trial that at that time the defendant’s automobile was being used by her chauffeur on his own business without her knowledge or consent. It was also urged that the accident was due to the plaintiff’s negligence.

The plaintiff testified that he stood about twenty-five feet…