Applebaum v. Hersh

Plaintiff appeals from a judgment entered on a verdict for defendants in this action for personal injuries based on the negligence of defendant Howard R. Hersh, the operator of a motor vehicle owned by defendant Martin Hersh, in striking plaintiff, a pedestrian, who was crossing Morris Avenue in The Bronx.

Plaintiff contends the trial court committed prejudicial error in refusing her request for the instruction that she had the right of way over defendants’ motor vehicle. We think she is correct and that a new trial must be had.

It appears that plaintiff and her father were walking east on the…