Lofsten v. . Brooklyn Heights R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 19, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff failed to show his freedom from contributory negligence, and the motion to dismiss made at the end of the plaintiff’s case and again at the end of the entire case should have been granted. (Weiss v. M. S. R. Co., 33 App. Div. 221; Lynch v. T. A. R. R.…
1Opinion of the CourtHiscock, J.
Plaintiff recovered a small verdict for personal injuries sustained through being struck by one of defendant’s cars as he was walking across one of its tracks in Fulton street in the borough of Brooklyn.
We think that the evidence showed that he was guilty of contributory negligence as a matter of law, and that the judgment in his favor should be reversed.
Plaintiff was a person of mature age. He walked upon the east side of Hoyt street to Fulton street and there attempted to cross the latter street and defendant’s tracks therein. It was about 7:30 in the morning and apparently broad daylight.…
2Cases cited5 opinions
- Weiss v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Lynch v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Thompson v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Pinder v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1903
- Greene v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by18 opinions
- Donohoe v. Portland Railway Co.Oregon Supreme Court · 1910
- Hoagland v. CanfieldU.S. Circuit Court for the District of Southern New York · 1908
- Seaman v. MottAppellate Division of the Supreme Court of the State of New York · 1908
- Ford v. New York City Interborough Railway Co.New York Court of Appeals · 1923
- Tully v. New York City Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908
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