Stewart v. Rudis

■Fairchild, J.

Just before the collision the respondent was driving east on Sixty-third street following a street car moving in the same direction. His purpose was to make a left turn to the north on Twelfth avenue which crosses Sixty-third street at right angles.

The respondent claimed and offered testimony to the effect that the street car’s speed was greater than his and in consequence of this the distance between him and it, at the intersection, had increased to about fifty feet or the width of Twelfth avenue at the time. He started to make his turn to the north; that in making the turn he…