Majority
p. 751(35 Misc. Rep. 301.) VONELLING v. METROPOLITAN ST. RY. CO. (Supreme Court, Appellate Term. June, 1901.) Argued before SCOTT, P. J., and BEACH and FITZGERALD, JJ.
Headnote
Street Railroad—Collision—Contributory Negligence.Where the driver of a wagon crosses a street-car track at right angles, he is guilty of contributory negligence if he fails to look for cars coming from either direction.
Appeal from municipal court, borough of Manhattan, Eighth district.
Action by Henry Vonelling against the Metropolitan Street-Railway Company. Judgment for plaintiff, and defendant appeals. Reversed.
H. A. Robinson, for appellant.
G. Hamburger, for respondent.
The only testimony to support the claim of negligence made by the plaintiff is given by the driver of his wagon, which was struck by a car bound south on the east line of defendant’s tracks. The driver, one Fedesio, testifies as follows:
“Oct. 6th, at half past seven, as I was going over across Eighty-Sixth street from west to east, crossing the tracks, I looked uptown, and see no car in sight. As I was over it, and walking the horse going over it, I was struck by a car behind, and knocked the horse down, and knocked the wagon on top, and I and the boy were thrown out.”
When it is remembered that the wagon was moving from west to east, and was struck on the easterly track by a north-bound car, there was contributory negligence upon the part of the driver from not having looked to the southward, from whence the car was approaching. The complaint, for that reason, should have been dis
p. 752
missed. Had the driver looked in that direction, he would have seen the car, which at least was in plain sight.
Judgment reversed, and new trial ordered, with costs to abide event.