127 Misc. 427 | N.Y. App. Term. | 1926
Dissenting Opinion
(dissenting). I find nothing, either in the evidence or as matter of law, to enable a determination that driving an
In my opinion the judgment was correct and should be affirmed.
Lead Opinion
Plaintiff was bound to anticipate that defendant’s automobile as it approached the crossing at Broadway and Eighty-sixth street, the rear of said automobile being then ten feet ahead of plaintiff’s car, might be stopped by traffic regulations or otherwise, and under the circumstances the running of plaintiff’s car into the end of defendant’s car when that car stopped at Eighty-sixth street indicated plaintiff’s lack of control of his car and established contributory negligence on the plaintiff’s part, thus barring a recovery.
Judgment reversed, with thirty dollars costs, and complaint dismissed on the merits, with costs.
Present: Bi.tur, Delehanty and Wagner, JJ.