Carolan v. Venechanos

Judgment unanimously affirmed, with costs. The evidence permitted a finding that the decedent was struck on the crosswalk when he had all but passed the truck which was being driven between the westerly rail of the south-bound track and the westerly curb of Third avenue. ■ The front left wheel of the truck was at or close to the westerly rail at the time of the impact and its rear wheels were both to the west of this rail, showing the truck in a diagonal position from northwest to southeast, thus refuting the claim of the defense that the truck was being driven on the *813south-bound track. The…