[Download] "Walentz Piateck v. Kenneth G. Swindell" by Court of Appeals of New York ~ Book PDF Kindle ePub Free

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eBook details

• Title: Walentz Piateck v. Kenneth G. Swindell
• Author : Court of Appeals of New York
• Release Date : January 26, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The plaintiff was a passenger in a truck driven easterly and struck at an intersection of streets in Manchester by the defendants car driven northerly. There was evidence that the truck had the right of way through the intersection by its first arrival there and that the defendant was exceeding the statutory speed limit. His negligence is here conceded, but it is claimed that the plaintiff was conclusively shown also to be negligent. The plaintiff was sitting on the floor of the cab of the truck with his right leg hanging out of the cab and his right foot resting on the right hand running board. There was no room for him on the seat of the cab and it was inconvenient for him to ride in the rear part of the truck. He was in the truck on its business and its trip was a short one. As the plaintiff was traveling, a blind corner shut off the view of the intersecting street until the intersection was reached. The plaintiff saw the defendants car at some distance away when the truck entered into the area of intersection and thought the truck would leave the intersection before the defendant reached it. He did not observe the defendants speed but his thought was well founded on the premise that the speed was not excessive. After his observation of the defendants car he directed his attention elsewhere and the collision took place without his having realized its imminence.

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