Gottlieb v. Szajnfeld

SWOFFORD, Presiding Judge.

This is an action for personal injuries sustained by the appellant (plaintiff) who, as a pedestrian while crossing 89th Street, was struck by an automobile driven by the respondent (defendant). A jury trial resulted in a verdict for the defendant and, after an unavailing motion for a new trial, the plaintiff appeals, asserting as his single assignment of error the trial court’s refusal of his proffered instruction submitting his cause upon the doctrine of humanitarian *937negligence. No question is raised as to the sufficiency of the refused instruction as to form or…