106 N.Y.S. 203 | N.Y. App. Div. | 1907
The best phase of the testimony of the plaintiff and. liis witnesses is that he was walking across 3rd avenue in Bronx borough ■ near 180th street in the' middle of- the. Block after lark; that as he was about to step ón the uptown .track (the first-he -reached)"he looked south and saw a car approaching at á medium rate of speed 60, 75, or 80 feet away; that as he got to the middle of this track he looked again and the car was so close that he jumped back hut was -hit before he could -get off the track -and lost a' leg. There was no other vehicle in the vicinity, and nothing to prevent the plaintiff from seeing the-car all the time. Having seen the car that distance away as he was stepping on the track, it was
The judgment should be affirmed.
Present — Hirschberg, P. J., Woodward, Gaynor and Miller, JJ.
Judgment unanimously affirmed on reargument, with costs.-