Mccale v. New York State Railways

Appellate Division of the Supreme Court of New York

Mccale v. New York State Railways

178 A.D. 909

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

DecidedApril 15, 1917

StatusPublished

This text of 178 A.D. 909 (Mccale v. New York State Railways) 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

Mccale v. New York State Railways, 178 A.D. 909 (N.Y. Ct. App. 1917).

Pincite

Opinion

Judgment affirmed, with costs. All concurred, except Kruse, P. J., who dissented upon the ground that the evidence tends to show that the deceased was aware of the approach of the street car, but had reasonable grounds to believe that it would stop or slacken its speed so that he could cross the tracks in safety, and after he had started to cross and it was apparent that he intended to cross, and when the street car was within 100 feet of the crossing, the speed of the car was suddenly accelerated, resulting in the collision.

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Judgment affirmed, with costs. All concurred, except Kruse, P. J., who dissented upon the ground that the evidence tends to show that the deceased was aware of the approach of the street car, but had reasonable grounds to believe that it would stop or slacken its speed so that he could cross the tracks in safety, and after he had started to cross and it was apparent that he intended to cross, and when the street car was within 100 feet of the crossing, the speed of the car was suddenly accelerated, resulting in the collision.

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Bluebook (online)

178 A.D. 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccale-v-new-york-state-railways-nyappdiv-1917.