O'Donnell v. Johnson

Headnote

Negligence — motor vehicles — evidence — pedestrian killed at street crossing by being struck by automobile — reception in evidence of photograph of deceased.

O’Donnell v. Johnson, 218 App. Div. 857 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 22, 1926, 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 was struck by defendant’s automobile while crossing Bergen street at Sixth avenue in the borough of Brooklyn. The complaint alleged that at the time of the accident defendant was making a left-hand turn, cutting inside the intersection of the center lines of the two streets, without sounding his horn, and proceeding at a rate of speed in excess of that prescribed by the ordinance. During the trial of the action a photograph of the decedent was introduced in evidence by plaintiff’s counsel. Defendant contended this was error.