Martin Baking Co. v. Tompkinson

OPINION OF COURT.

The following is taken, verbatim, from the opinion.

SULLIVAN, PJ.

It appears unchallenged in the record that the plaintiff left the curb to cross Euclid Avenue to the safety, zone, at a time when the automobile truck was proceeding, in conformity to the traffic signal, toward her, in an easterly direction and but a veiy few feet from her.

If there were any conflict as to the evidence upon this essential point, it would he the duty of the court to submit to the judgment of the lower court and the verdict of the jury, because it would be a question of fact in conflict, and of…