Macaluso v. Traube-Berger Co.

Appellate Division of the Supreme Court of New York

Macaluso v. Traube-Berger Co.

172 A.D. 898, 156 N.Y.S. 1132

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 1915

StatusPublished

This text of 172 A.D. 898 (Macaluso v. Traube-Berger Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Macaluso v. Traube-Berger Co., 172 A.D. 898, 156 N.Y.S. 1132 (N.Y. Ct. App. 1915).

Pincite

Opinion

Judgement and order unanimously affirmed, with costs, upon the ground that the evidence, as matter of law, affirmatively established that plaintiff was guilty of contributory negligence in attempting to cross the street in front of the car approaching from the north, when he was only about thirty feet away from it and had about twenty-four feet to go to be well clear of it, and when it was approaching at such speed that, unless its speed was checked, he would have a very close shave in passing in front of it, as is indicated by the fact that as it was, with the motorman appiy-. ing the ah* brakes, plaintiff barely passed the car and was hit, within three or four feet after passing the further rail of the track upon which the car was running, by the automobile. Present — Carr, Stapleton, Mills, Rich and Putnam, JJ.

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Judgement and order unanimously affirmed, with costs, upon the ground that the evidence, as matter of law, affirmatively established that plaintiff was guilty of contributory negligence in attempting to cross the street in front of the car approaching from the north, when he was only about thirty feet away from it and had about twenty-four feet to go to be well clear of it, and when it was approaching at such speed that, unless its speed was checked, he would have a very close shave in passing in front of it, as is indicated by the fact that as it was, with the motorman appiy-. ing the ah* brakes, plaintiff barely passed the car and was hit, within three or four feet after passing the further rail of the track upon which the car was running, by the automobile. Present — Carr, Stapleton, Mills, Rich and Putnam, JJ.

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Bluebook (online)

172 A.D. 898, 156 N.Y.S. 1132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macaluso-v-traube-berger-co-nyappdiv-1915.