Hornecker v. Weisse

This is an action for personal injuries suffered when the plaintiff was struck by defendant’s automobile while plaintiff was on the 33rd Street sidewalk in Manhattan. The testimony, which establishes that plaintiff was about to enter Grimbel’s Department Store and that defendant’s car mounted the curb at an angle, crossed the sidewalk and struck plaintiff and the department store window at approximately the same time, would be sufficient, unexplained by any other evidence, to establish the negligence of defendant and the freedom of plaintiff from contributory negligence. (Locicero v. Messina,…