Toohey v. Interurban Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Westchester County Court. Action for personal injuries by Michael Toohey against the Interurban Street Railway Company. From a judgment for plaintiff and an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtJenks, J.
The judgment and order must be reversed for air 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 approach-v ing at 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. Rep. 680, and cases cited; Schwartzman v. Brooklyn…
2Cases cited6 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
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