GROSSMAN v. HUDSON TRANSIT CORP.


276 A.D. 1074 (1950)

Abraham Grossman, Individually and as Guardian ad Litem of Helen Grossman, an Infant, Appellant-Respondent, v. Hudson Transit Corporation et al., Respondents, and Gabriel Freilino et al., Respondents-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

April 25, 1950.


Per Curiam.

Upon plaintiff's request the court charged the jury that if they find that plaintiff "was in a place of danger through her own negligence, nevertheless, if the defendant Freilino saw her in such position of danger and could have avoided the injury, there may be liability providing it is shown that the party who saw her in that place of danger could have avoided the injury." An exception was duly taken to this portion of the charge.

Plaintiff...

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