Howard v. Union Railway Co.

Headnote

Negligence — railroads ■— passenger after alighting from car struck by another car while crossing tracks — when guilty of contributory negligence as matter of law.

Howard v. Union Ry. Co. of City of N. Y. (2 eases), 204 App. Div. 864 , affirmed.

Abpeal, by permission, in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 23, 1923, unanimously affirming a judgment in favor of defendant entered upon an order of the trial court, setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint. The first action was to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. The second, by her husband, to recover for expense and loss of services arising from such injuries. The plaintiff in the first action, after alighting from one of defendant’s cars started across the tracks and was struck by another car approaching from the opposite direction from that in which she had been riding, causing the injuries complained of. The trial court set aside the verdicts upon the ground that plaintiff was guilty of contributory negligence as matter of law.