Schoenfeld v. New York Railways Co.
New York Supreme Court
Plaintiff appeals from a judgment of the Municipal Court of the city of New York, borough of Manhattan, second district, entered upon the dismissal of his complaint at the close of his case.
1Opinion of the CourtSeabuby, J.
The accident happened at a street crossing, at which place the rights of the plaintiff and the defendant were equal. We cannot say, as a matter of law, that the plaintiff was not justified in assuming that the motorman would have his car under control when he'approached this place. The car was over a block away when the plaintiff attempted to cross the track, and whether his act in attempting to cross the ' track constituted contributory negligence should have been submitted to the jury.
Upon the facts, this case does not resemble those cases where the driver of a wagon turns his horse and…
2Cited by1 opinion
- Andrews v. GardinerAppellate Division of the Supreme Court of the State of New York · 1915