Lieberman v. Stanley

Appellate Terms of the Supreme Court of New York

Lieberman v. Stanley

88 N.Y.S. 360

Appellate Terms of the Supreme Court of New York·Decided May 19, 1904·Published

Opinion

SCOTT, J.

The plaintiff utterly failed to show that she was free from contributory negligence. It .was apparent that she never looked to see whether she could safely cross the street. She repeatedly swears that she did not see the horse and wagon before she started to cross. She was struck so soon after leaving the. sidewalk that the wagon, [361]*361whether standing or moving, must have been within easy sight before she started to cross, if she had looked.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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SCOTT, J.

The plaintiff utterly failed to show that she was free from contributory negligence. It .was apparent that she never looked to see whether she could safely cross the street. She repeatedly swears that she did not see the horse and wagon before she started to cross. She was struck so soon after leaving the. sidewalk that the wagon, [361]*361whether standing or moving, must have been within easy sight before she started to cross, if she had looked.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

Lieberman v. Stanley, 88 N.Y.S. 360 (N.Y. Ct. App. 1904).

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88 N.Y.S. 360 (Lieberman v. Stanley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.