Mace v. Moscarelli

Headnote

Negligence — motor vehicles — death of mounted police officer from collision with motor truck.

Mace v. Moscarelli, 214 App. Div. 821 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 25, 1925, 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 through the negligence of defendant. Plaintiff’s intestate, a New York city mounted police officer, was, at the time of the accident, riding his horse in a northerly direction along the easterly side of Flatbush avenue, in the borough of Brooklyn, approaching Kings Highway, which intersects Flatbush avenue practically at right angles. At the same time defendant’s five-ton Mack truck was proceeding in an easterly direction along Kings Highway, approaching and crossing Flatbush avenue. The truck was about twenty feet long and weighed, with its load, about ten tons. Two trolley cars were standing in Flatbush avenue, alongside each other, their north ends being just southerly of the southerly crosswalk across the avenue at Kings Highway. Defendant’s track had crossed both tracks in Flatbush avenue and was entering upon the highway on the easterly side of the avenue, when the horse ridden by plaintiff’s intestate, traveling at a pretty fast pace, struck the side of the truck at a point just at the rear of the driver’s cab, or about midway between the front and rear wheels. Horse and rider went down, the officer being precipitated against the side of the truck with considerable force and receiving injuries resulting in death.