127 N.Y.S. 620 | N.Y. App. Div. | 1911
The defendant Charles Meads & Company, Inc., was the general contractor engaged in widening Jayne street in the borough of Queens, converting the street into a public plaza on the Queens side of Blackwell’s Island Queensboro bridge, under the terms and conditions of a contract made with the department of bridges of the city of New York, the M. W. Forney Company being a sub-contractor in the construction of certain conduits for the electrical equipment, etc. The plaintiff resided at 117 Raddie street, one block and a half north of Jayne street, which latter street was being widened into the plaza, and Raddie street crossed Jayne street at nearly right angles. On the evening of the 22d day of November, 1908, after dark, the plaintiff with her thirteen-year-old son, started to take supper to her husband, who was employed at the Belmont tunnel, going by way of Raddie street, intending to reach Jackson avenue. The work of changing the width of this street and of constructing the plaza was well known to the plaintiff; she had formerly made use of this' way, but when the buildings were torn down to make room for the increased width of the street she had taken a different route up to the time in question. On Jayne street as newly constructed, &nd which included a part of the old street, a street surface railroad liad been constructed, and this was, at the time of the accident, resting upon the concrete foundation, projecting above the common level of fhe way about fifteen inches. Raddie street was, at this time, blockaded against teams going onto the plaza, though it is claimed this blockade did not extend to the sidewalk. In reaching the plaza; howeveiyfit was necessary for pedestrians to step over
We are also persuaded that the caséis lacking in evidence to support tlBponclusion that the plaintiff was free from negligence contributineto the accident. She had notice that she was in a dangerous situation; she had climbed up on the railroad tracks and crossed
The judgments appealed from should be affirmed, with costs.
Present — Jenks, P. J.,' Burr, Thomas, Carr and Woodward, JJ.
Judgments unanimously affirmed, with costs.