Stewart v. Beaver

Appellate Terms of the Supreme Court of New York

Stewart v. Beaver

160 N.Y.S. 1077

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 25, 1916

StatusPublished

This text of 160 N.Y.S. 1077 (Stewart v. Beaver) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stewart v. Beaver, 160 N.Y.S. 1077 (N.Y. Ct. App. 1916).

Pincite

Opinion

BIJUR, J.

The plaintiff’s cause of action is for personal injuries received from a trolley car operated by defendant. Plaintiff’s own testimony is that, as she was crossing Second avenue proceeding west, she stepped upon the northbound track when defendant’s southbound car was 26 feet distant from her and approaching rapidly. At this time she was between 7 and 10 feet from the southbound track. Without further attention she proceeded on her way and was struck by the car. The accident was so manifestly one due to plaintiff’s contribu[1078]*1078tory negligence that, regardless of any question' as to defendant’s possible freedom from negligence, the complaint should have been dismissed.

Judgment reversed, with costs, and complaint dismissed, with costs. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BIJUR, J.

The plaintiff’s cause of action is for personal injuries received from a trolley car operated by defendant. Plaintiff’s own testimony is that, as she was crossing Second avenue proceeding west, she stepped upon the northbound track when defendant’s southbound car was 26 feet distant from her and approaching rapidly. At this time she was between 7 and 10 feet from the southbound track. Without further attention she proceeded on her way and was struck by the car. The accident was so manifestly one due to plaintiff’s contribu[1078]*1078tory negligence that, regardless of any question' as to defendant’s possible freedom from negligence, the complaint should have been dismissed.

Judgment reversed, with costs, and complaint dismissed, with costs. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

160 N.Y.S. 1077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-beaver-nyappterm-1916.