Luzzi v. Charles E. Haff Co.

Appellate Terms of the Supreme Court of New York

Luzzi v. Charles E. Haff Co.

96 N.Y.S. 456

Appellate Terms of the Supreme Court of New York·Decided January 17, 1906·Published

Opinions

SCOTT, P. J.

The plaintiff’s own evidence clearly shows that he was guilty of contributory negligence. He saw the truck slowly approaching and had abundant opportunity to get out of its way. Instead of doing so he stood still and allowed himself to be injured.

The verdict should have been set aside, and the judgment should now be reversed, and a new trial granted, with costs to appellant to abide the event.

DOWLING, J., concurs.

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SCOTT, P. J.

The plaintiff’s own evidence clearly shows that he was guilty of contributory negligence. He saw the truck slowly approaching and had abundant opportunity to get out of its way. Instead of doing so he stood still and allowed himself to be injured.

The verdict should have been set aside, and the judgment should now be reversed, and a new trial granted, with costs to appellant to abide the event.

DOWLING, J., concurs.

Luzzi v. Charles E. Haff Co., 96 N.Y.S. 456 (N.Y. Ct. App. 1906).

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