Wolansky v. International Railway Co.

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, 1. That the verdict is against the weight of the evidence upon the question of defendant’s negEgence. 2. We think the jury should have been instructed that if the ear that struck plaintiff’s intestate was wdthin his clear view for a distance of thirty to forty-five feet while he was in a place of safety and he did not take any precaution by looking or Estening before he got to the place where he was struck, and looking or Estening would have avoided the accident, that he was guilty of contributory negEgence, though the request to charge on that subject was teehnicaUy inaccurate. All concurred.