Zenner v. Brooklyn Heights Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Zenner, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2lth day of October, 1915, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
McLaughlin, J.:
I think the complaint was properly dismissed. The evidence, in my opinion, did not establish the negligence 'of the defendant or plaintiff’s freedom from contributory negligence.
According to the plaintiff’s own testimony, when he was about six feet from the point where he was struck by defendant’s car, he stopped and looked, and then saw the car approaching about 150 feet away. He proceeded, looked again, and saw the car 75 feet away, moving more rapidly than when he first noticed it. Notwithstanding this fact he deliberately walked onto the track directly in front of the…
2Cases cited8 opinions
- Fenton v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1891
- Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Lofsten v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1906
- Weiss v. . Metropolitan Street Railway CompanyNew York Court of Appeals · 1901
- Barney v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
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3Cited by1 opinion
- Hinz v. Eighth Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1926