Wirth v. Burns Bros. — 234 N.Y. 643

Majority

p. 643

Charles Wirth, Respondent, v. Burns Bros., Appellant.

Headnote

Negligence — motor vehicles — pedestrian injured by being struck by backing motor truck while crossing street.

Wirth v. Burns Bros., 201 App. Div. 836 , affirmed.

(Argued December 8, 1922;

decided January 9, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 8, 1922, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The complaint alleged that while plaintiff was crossing Second avenue at Seventeenth street in the city of New York he was struck on his right side an,d thrown tQ the ground

p. 644

by- the left rear end of a large automobile coal truck which was proceeding backward over the crossing, and. the -left rear wheel ran upon his left foot, crushing it and inflicting serious and permanent injuries.

Lyman A. Spalding and Louis H. Moos for appellant.

Sidney L. Teven for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hogan, Cardozo, Crane and Andrews, JJ. Dissenting: Hiscock, Ch. J., and McLaughlin, J. Not voting: Pound, J.