Macaluso v. Traube-Berger Co.

Judgment and order unanimously affirmed, with costs, upon the ground that the evidence, as matter of law, affirmatively established that plaintiff was guilty of contributory negligence in attempting to cross the street in front of the car approaching from the north, when he was only about 30 feet away from it and had about 24 feet to go to be well clear of it, and when it was approaching at such speed that, unless its speed was checked, he would have a very close shave in passing in front of it, as is indicated by the fact that as it was, with the motorman applying the air brakes, plaintiff barely passed the car and was hit, within 3 or 4 feet after passing the further rail of the track upon which the car was running, by the automobile.