Lenahan v. Sheeran — 246 N.Y. 563

Majority

p. 563

Cornelius Lenahan, Respondent, v. Hugh J. Sheeran, as Receiver of New York Railways Company, Appellant.

Headnote

Negligence — railroads — pedestrian struck by street car at street crossing.

Lenahan v. Sheeran, 219 App. Div. 818 , affirmed.

(Argued October 12, 1927;

decided October 28, 1927.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 1, 1927, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, while crossing Lenox avenue at the intersection of One Hundred and Forty-second street in the city of New York, was struck by one of defendant’s street cars and received the injuries complained of. He testified that when he reached the curb he looked to his left and saw the trolley car coming a block and a half away. When he had gone a few steps he heard the gong of a fire engine and waited for it to pass. At the same time he again

p. 564

looked and saw the car about half a block away. As he started to cross after the passing of the fire engine he again looked and saw the car about sixty feet away. He took á few additional steps and was struck.

Ambrose Clogher and Roger B. Hull for appellant.

Theodore H. Lord and Thomas F. Franklin for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman and O’Brien, JJ. Not sitting: Kellogg, J.