Orr v. Hart

There is much conflict in the evidence. In the statement of the facts for the purpose of considering the question of contributory negligence, we shall state them in the light most favorable to the plaintiff.

The plaintiff was an elderly man, 66 years of age. He was walking south on Fourth street and on the west side thereof. In the first instance he was intending to turn east along the north side of Second avenue when he should come to it. When he arrived, he observed that a switch engine with a string of cars was moving south on Fourth street and was moving across the pedestrian line of…