35 N.Y.S. 543 | N.Y. Sup. Ct. | 1895
On July 25, 1893, the plaintiff was struck and injured by an electric street car of the defendant going westerly on West avenue in the city of Rochester. There were two tracks of the company in that street. The outer rails of the tracks were 12.4 feet from the curb. On the northerly track were run the westerly-bound cars, and on the other the cars ran easterly. The plaintiff was proceeding to cross the street from the north side when he received his injury. This took place about 8 o’clock p. m. The attendant circumstances under which it occurred were the subject of some conflict in the evidence. On the part of the plaintiff there is evidence tending to prove that the car by which the plaintiff was struck was preceded by another, going west, but a few feet from it,
The judgment and order should be reversed, and a new trial granted ; costs to abide the event.
LEWIS, J., concurs. WARD, J., dissents.