96 N.Y.S. 456
Appellate Terms of the Supreme Court of New York
Decided January 17, 1906
Appellate Terms of the Supreme Court of New York · decided 1906-01-17
<p>NEGLIGENCF—CONTKIBUTOKY NEGLIGENCE.</p> <p>Where one saw a truck slowly approaching, and had abundant opportunity to get out of the way, but, instead, stood still and was injured, he was guilty of contributory negligence.</p> <p>(Ed. Note.—For cases in point, see vol. 37, Cent. Dig. Negligence, § 86.]</p> <p>Blanchard, J., dissenting.</p>
Reversed · Decided 1906-01-17
¶1The plaintiff’s own evidence clearly shows that he was guilty of contributory negligence. He saw the truck slowly approaching and had abundant opportunity to get out of its way. Instead of doing so he stood still and allowed himself to be injured.
¶2The verdict should have been set aside, and the judgment should now be reversed, and a new trial granted, with costs to appellant to abide the event.
¶3DOWLING, J., concurs.