133 N.Y.S. 743 | N.Y. App. Div. | 1912
This case never ought to have been submitted to a jury. It is an action to recover for personal injuries, the plaintiff having been injured by a collision with an automobile at or near the New York approach to the Williamsburgh bridge. His own version is that he was upon a walk in the middle of Delancey street, near Norfolk street; that he was looking for a car or wagon along the street railroad tracks; that he saw a car coming thirty-five or forty feet away; that there were no obstructions, and that he stepped- down from the platform to cross the railroad track and was immediately struck by one of defendant’s taxicabs. There is no evidence that the taxicab
The judgment appealed from should be reversed and a new trial ordered, costs to abide the event.
Jenks, P. J., Carr and Rich, JJ., concurred; Thomas, J., concurred in result.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.