43 Misc. 634 | N.Y. App. Term. | 1904
The plaintiff, Minnie Kaufman, brought her action for personal injuries alleged to have been sustained through defendant’s negligence, and the plaintiff, Harry Kaufman, brought his action for the loss of services sustained by him as husband of the plaintiff, Minnie Kaufman. Both actions were tried together and the trial resulted in a verdict in favor of the plaintiff, Minnie Kaufman, for $1,500, and in favor of the plaintiff Harry Kaufman, for $150.
The facts briefly are: On the 12th day of April, 1902, the plaintiff Minnie Kaufman, while attempting to cross West Third street, at the westerly side of West Broadway, in the borough of Manhattan, was struck by the rear end of one of defendant’s cars, as she stood on the crosswalk about two feet from the track, as the car swung around a curve into West Broadway from West Third street, and was thrown to the ground in front of the wheels of a wagon, passing behind her, in such a manner that the wheel passed over her arm. She walked down the west side of West Broadway, and as she reached the north curb of West Third street and before stepping off into the roadway, she looked to see if a ear was coming. She saw a car seven or eight houses, or from 140 to 150 feet away. She then stepped off the curb, and, as the car was coming easterly, she stopped on the crosswalk two feet north of the track to allow the car to pass. The whole car passed her with the exception of the extreme rear portion on the north side, which, as the car swung around the curve, swung around farther than the
For the foregoing reasons the complaint should have been dismissed on defendant’s motion, and the submission of the cases to the jury constituted error.
The judgments and orders must be reversed, and a new trial ordered, with costs to the appellant to abide the event.
Truax and Scott, JJ., concur.
Judgments and orders reversed, and new trial ordered, with costs to appellant to abide event.