Tiffany & Co. v. Drummond

• Court: U.S. Court of Appeals — Second Circuit
• Citation: Tiffany & Co. v. Drummond, 168 F. 47 (2nd Cir. 1909)
• Decision Date: 16 February 1909
• Docket Number: 179.
• Parties: TIFFANY & CO. v. DRUMMOND.

168 F. 47

TIFFANY & CO. v. DRUMMOND.

No. 179.

United States Court of Appeals, Second Circuit.

February 16, 1909

E Sidney Berry (I. R. Oeland, of counsel), for plaintiff in error.

W. H Van Steenbergh (W. L. Morse, of counsel), for defendant in error.

Before LACOMBE and NOYES, Circuit Judges.

PER CURIAM.

Two assignments of error are relied upon:

1. That the court should have directed a verdict in favor of defendant on the theory that plaintiff was himself negligent. He did not continue on the crosswalk, but angled north so as to reach the opposite side of the street about 70 feet above the corner. He looked both ways for approaching vehicles just as he started, but upon his own testimony it is not quite clear how often he looked south after he started and became engrossed in the enterprise of crossing the torn-up roadbed of the north-bound track certainly he did not so look within a few seconds before the accident, or he would have seen the automobile which struck him.

But the question of his negligence under all the circumstances was clearly one for the jury to pass upon under proper instructions as to his rights and obligations.

2. Exception was reserved to the charge, on plaintiff's request, that 'there is no duty, as a matter of law, upon a person crossing the street, either at a crosswalk or elsewhere, to look up and down to avoid an approaching wagon ' No authority is cited holding...