Widrovitz v. Metropolitan Street Railway Co.

Appellate Terms of the Supreme Court of New York

Widrovitz v. Metropolitan Street Railway Co.

35 Misc. 819, 72 N.Y.S. 1134

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

Cited by2 cases

This text of 35 Misc. 819 (Widrovitz v. Metropolitan Street Railway Co.) 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

Widrovitz v. Metropolitan Street Railway Co., 35 Misc. 819, 72 N.Y.S. 1134 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

The evidence shows that the plaintiff went deliberately upon the track about fifty feet ahead of a moving car. Some trucks passing along the street prevented his going ahead, but it does not appear that there was anything to prevent his stepping back. This he made no effort to do. It may be that he was justified in going on to the track, but when he found that [820]*820he could not cross he should have made some effort to retrace his steps.

The judgment is right and should be affirmed.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment affirmed.

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