People v. Curtis

• Decision Date: 25 February 1919
• Citation: 225 N.Y. 519,122 N.E. 623
• Parties: PEOPLE v. CURTIS.
• Court: New York Court of Appeals Court of Appeals

225 N.Y. 519

122 N.E. 623

PEOPLE

v.CURTIS.

Court of Appeals of New York.

Feb. 25, 1919.

Appeal from Supreme Court, Appellate Division, Fourth Department.

Raymond J. Curtis was convicted of violating subdivision 3 of section 290 of the Highway Law, and, the judgment of conviction being unanimously affirmed by the Appellate Division (170 N. Y. Supp. 1102), defendant appeals. Affirmed.

Collin and Hogan, JJ., dissenting.Pardon C. Williams, of Watertown, for appellant.

Jerome B. Cooper, Dist. Atty., of Watertown, for the People.

McLAUGHLIN, J.

The defendant was convicted of violating subdivision 3 of section 290 of the Highway Law (Laws of 1909, c. 30, as amended by Laws 1910, c. 374). There have been two trials. The first resulted in a judgment of conviction, which was affirmed by the Appellate Division (168 App. Div. 935,153 N. Y. Supp. 1132), but reversed by this court for errors in the admission of evidence, and a new trial ordered (217 N. Y. 304, 112 N. E. 54, Ann. Cas. 1917E, 586). The second also resulted in a judgment of conviction, which was unanimously affirmed by the Appellate Division, and defendant again appeals to this court.

The section of the Highway Law (Consol. Laws, c. 25) referred to, or so much of it as is pertinent to the question presented by the appeal, reads as follows:

‘Any person operating a motor vehicle who, knowing that injury has been caused to a person or property, due to the culpability of the said operator, or to accident, leaves the place of said injury or accident, without stopping and giving his name, residence, including street and street number, and operator's license number to the injured party, or to a police officer, or in case no police officer is in the vicinity of the place of said injury or accident, then reporting the same to the nearest police station, or judicial officer, shall be guilty of a felony punishable by a fine of not more than five hundred dollars or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment. * * *’

There is little dispute as to the material facts involved. On the 11th of October, 1913, the defendant, a resident of the city of Watertown, was the owner and operator of an automobile. It weighed upwards of two tons and was between 50 and 60 horse power. Between 12 and 1 o'clock at night on the day mentioned he, with two persons, one named Gilligan and the other Lytton, started, with the automobile, on Washington street, in such city, for a ride. When they reached Chestnut street, which intersects Washington street at right angles, the automobile was running upwards of 20 miles an hour. The top was down and the lamps were lighted. There was also an arc light at the intersection of the streets mentioned. After the car had passed Chestnut street and was about 170 feet therefrom, Lytton, who was sitting in the rear seat-the defendant and Gilligan being in the front seat-called to the defendant, saying, ‘Look out, boys, there is something ahead; we are going to catch it.’ The something to which Lytton referred was a horse and wagon going in the same direction as the automobile, and driven by one Cole. When Lytton spoke to the defendant, the automobile was so close to the horse and wagon that, notwithstanding the brakes were immediately applied, it nevertheless collided with the wagon, and the force of the impact was such that the automobile, wagon and horse attached thereto, were turned completely around, and when the collision was over they were facing in the opposite direction from which they were previously going. Cole was thrown from his seat to the street and very seriously injured. One thill and the reach of the wagon were broken, and the rear axle bent. The horse was injured, being cut or scratched on the left gambrel, and the automobile somewhat damaged. Immediately following the collision Lytton and Gilligan got out and went to Colo, who was then lying in the street 2 or 3 feet in the rear of the automobile. They asked him if he were hurt, and he said he was. They took hold of him and undertook to place him on his feet, but he was unable to stand by reason of the injuries he had sustained. Gilligan then went to the defendant, who was sitting in the automobile about 7 feet from where Cole was lying, and after remaining there a very short time went back to Lytton and Cole and said, ‘Come on; he is only winded; only busted up a bit and scared.’ He then returned to the car, and he and the defendant called to Lytton to get into the car, Gilligan saying, ‘Come, get back into the car; he is only busted up a bit; there will be trouble here;’ and Cole responded, saying, ‘For God's sake don't leave me here alone.’ The three got into the automobile and drove away, leaving Cole lying in the street, and before the automobile had gone 170 feet, and within 10 seconds after it left Cole, the people's witness Katherine I. Foley, who had been awakened by the sound of the collision and was standing at an open window which faced the spot where the accident occurred, saw the defendant and his two companions drive away, and she also, within that time, saw Cole crawling towards the sidewalk...