Doyle v. Church E. Gates & Co.

Headnote

Negligence — motor vehicles — action for personal injuries through being struck by motor truck.

Boyle v. Oates & Co., Inc., 216 App. Div. 737 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1926, affirming a judgment in favor of

plaintiff entered upon a verdict in an action to recovei for personal injuries alleged to have been sustained through the negligence of defendant. The plaintiff while walking, along Southern boulevard in the city of New York saw the defendant’s lumber truck coming along and hailed the chauffeur and asked for a ride. The chauffeur stopped, let the plaintiff on and then proceeded on his way in a northerly direction-up the hill on the. boulevard. The chauffeur proceeded across Freeman street and brought his truck to a standstill at a point fifty feet beyond the crossing. The plaintiff testified that he then got down from the truck and started walking in an easterly direction to the sidewalk; that he took two small steps and was just about to take a third step when he was struck down and the rear right wheel of the truck passed over his left hand, inflicting the injuries complained of.