Legal Opinion

Third Ave. Ry. Co. v. Krausz

Court of Appeals for the Second Circuit

Decided December 6, 1901No. 62PublishedCited by 1 opinion

In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon appeal from a judgment of. the circuit court, Southern district of New York, entered upon a verdict in favor of defendant in error, who was plaintiff below. The action was brought to recover for injuries sustained in. consequence of being hit by one of the cars of defendant.

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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon appeal from a judgment of. the circuit court, Southern district of New York, entered upon a verdict in favor of defendant in error, who was plaintiff below. The action was brought to recover for injuries sustained in. consequence of being hit by one of the cars of defendant. He, with others, was working in the employ of a contractor, between the tracks of defendant’s road, holding a chisel to cut ou" pavement while a fellow workman struck it.

1Per curiam

The question as to negligence, both of defendant and plaintiff, was properly left to the jury. The evidence was conflicting as to whether the car reduced speed when passing plaintiff in response to a signal given, and whether that was negligent under the circumstances was fairly open. So, too, in view of plaintiff's testimony as to his stooping position, and consequent delay in attempting to get out of the way, the court would not have been justified in taking the case from the jury on any theory of contributory negligence.

The court in one passage charged the jury that defendant should “do…

2Cited by1 opinion

  1. Choctaw, O. & G. R. Co. v. TennesseeCourt of Appeals for the Eighth Circuit · 1902

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