Zucker v. . Whitridge
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the' action and the facts, so far as material, are stated in the opinion. The direct evidence of the eye-witnesses produced hy the plaintiff affirmatively proved that the deceased was guilty of contributory negligence as a matter of law.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the' action and the facts, so far as material, are stated in the opinion. The direct evidence of the eye-witnesses produced hy the plaintiff affirmatively proved that the deceased was guilty of contributory negligence as a matter of law. (Baxter v. A. & S. E. R. R. Co., 190 N. Y. 439; Hoffman v. S. R. T. Ry. Co., 50 App. Div. 83; Flynn v. Joline, 135 App. Div. 291; Greene v. Met. St. Ry.…
1Opinion of the CourtVann, J.
Third avenue in the city of New York, running nearly north and south, crosses Eighteenth street almost at right angles. The defendant has two railroad tracks laid on the surface of the avenue at the point where it crosses the street, the easterly track being used for cars going north and the westerly for those gomg south. On the 18th of December, 1908, at about half past eight in the evening, the plaintiff's intestate while walking easterly on the northerly crosswalk of Eighteenth street, as he was about to step over the westerly rail of the north-hound track, was struck by a northbound…
2Cases cited18 opinions
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Chicago, Rock Island & Pacific Railway Co. v. ClarkIllinois Supreme Court · 1883
- Missouri Pacific Railway Co. v. MoffattSupreme Court of Kansas · 1899
- Reed v. Metropolitan Street Railway Co.New York Court of Appeals · 1905
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