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July 20, 2021

eBook details

Title: Wasyl Golej v. Messrop Varjabedian. andrew
Author : Court of Appeals of New York
Release Date : January 02, 1933
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

1. The defendant testified that while he was traversing a distance of 500 feet before the accident he was blinded by the lights of an approaching car, but that he still "maintained the same speed... And did nothing. " He was then asked the following question: "Did you realize that night, as you were going along, blinded at least 500 feet or more, that somebody might be walking along the side of the road?" To this question the defendant objected on the ground that "this isnt a case of walking." The court overruled this objection and subject to the defendants exception the question was answered in the affirmative. Defendant seasonably requested the court to charge the jury as follows: "No breach of duty as to persons who might be travelling on foot can be used by you as evidence of negligence against the defendant in this case. " This request was denied and the defendant excepted.

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