Hyperlawhypertext legal database Widrovitz v. Metropolitan Street Railway Co. 72 N.Y.S. 1134

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Widrovitz v. Metropolitan Street Railway Co.

72 N.Y.S. 1134 Court N.Y. App. Term English

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p. 1134
WIDROVITZ, Appellant, v. METROPOLITAN ST. RY. CO., Respondent.
(Supreme Court, Appellate Term.
June, 1901.)

Headnote

Action by Hyman Wi'drovitz against the Metropolitan Street Railway Company.
Prank Herwig, for appellant. H. A. Robinson (G. Glenn Worden, of counsel), for respondent.

The evidence shows that the plaintiff went deliberately upon the track about 50 feet ahead of a moving car. Some trucks passing along the street prevented his going ahead, but it does not appear that there was anything to prevent his stepping back. This he made no effort to do. It may be that he was justified in going onto the track, but when he found that he could not cross he should have made some effort to retrace his steps. The judgment is right, and should be affirmed. Judgment affirmed.