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TAGGART v. VOGEL

3 N.Y.2d 58 (1957)

Antoinette Taggart, Appellant, v. William Vogel, Respondent.

Court of Appeals of the State of New York.

Decided May 24, 1957.

Attorney(s) appearing for the Case

Siegfried A. Ramer and John B. Loughran for appellant.

Reid A. Curtis and John E. Asch for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD and VAN VOORHIS, JJ., concur with BURKE, J.; FROESSEL, J., dissents and votes to affirm upon the ground that upon the facts as testified to by plaintiff, she was not entitled to the instruction requested. Stepping off a curb when one knows the approach of an automobile is imminent, does not give one the paramount right of way.

BURKE, J.

This action was brought to recover damages for personal injuries suffered by the plaintiff as a result of the defendant's alleged negligence in operating his automobile. Plaintiff was struck down by the defendant's car as she was crossing Hollis Avenue by way of a crosswalk at its intersection with 197th Street in Hollis, Long Island. The crossing was not protected by a police officer or a traffic light...

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