Middendorf v. International Railway Co.

Headnote

Negligence — railroads — pedestrian hilled by street railway car while crossing street — contributory negligence.

Middendorf v. International By. Co., 218 App. Div. 218 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 18, 1926, unanimously 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. Intestate, while crossing Fillmore avenue in the city of Buffalo from west to east, about forty feet south of its intersection with Northland avenue, but directly opposite a regular stopping place for north-bound cars, was struck by one of defendant’s cars proceeding north, and received injuries resulting in his death. Defendant contended that intestate was guilty of contributory negligence as matter of law.