Murphy v. Eighth Avenue Railroad — 232 N.Y. 611

Majority

p. 611

Jane Murphy, as Administratrix of the Estate of Cornelius Murphy, Deceased, Respondent, v. Eighth Avenue Railroad Company, Appellant.

Headnote

Negligence — railroads — pedestrian hilled while crossing street railway trachs.

Murphy v. Eighth Ave. R. R. Co., 196 App. Div. 882 , affirmed.

(Argued January 13, 1922;

decided January 31, 1922.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1921, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned by the negligence of defendant. Intestate, while crossing Central Park West at One Hundred and Ninth street in the city of New York at about eleven-thirty at night was struck by one of defendant’s cars and killed. Plaintiff alleged that the motorman gave no warning of the car’s approach nor did the car slow up at all up to the time it struck the intestate. Defendant contended that the intestate was guilty of contributory negligence.

Miehel Kirtland for appellant.

Sydney A. Syme for respondent.

p. 612

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.