Toohey v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Interurban Street Railway Company, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 18th day of February, 1904, upon the verdict of a jury for $400, and also from an order entered in said clerk’s office on the 22d day of March, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, J.:. The judgment and order must be reversed for an erroneous instruction. The plaintiff while crossing a city street was struck and injured by a car of the defendant. . The court charged, under exception, “ that a pedestrian seeing a car approaching to what to him seems to be a safe distance to allow him to cross has the right to assume that the car will be controlled and the speed slackened up, of course.” As the plaintiff testifies that he never saw the car, this instruction was not germane, and was error. (MacGowan v. Duff, 12 N. Y. St. Repr. 680, and cases cited; Schwartzman v.…
2Cases cited5 opinions
- Boos v. . World Mutual Life Insurance Co.New York Court of Appeals · 1876
- Alden v. Supreme Tent of the Knights of the MacCabees of the WorldNew York Court of Appeals · 1904
- Thompson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- McDonald v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Schwartzman v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1903