Jensen v. Union Railway Co.

Crane, J. (dissenting).

Plaintiff in this case brought action against The Union Railway Company of New York City to recover damages sustained through the operation of the defendant’s car on St. Ann’s avenue, The Bronx, New York city. He was riding a motorcycle which skidded and threw him off in front of the defendant’s car. The car did not strike and knock him off; he slipped off because of the wet pavement, and charges the motorman with negligence for not having stopped in time to prevent striking him. The motorman says that he was too near the plaintiff to stop. Thus the issue, which should…