Opinion
November 22, 1943.
Appellant, a pedestrian on a public sidewalk, secured a verdict for $3,000 for personal injuries sustained when struck by a private car after it had come into collision with a police car. The court set aside the verdict and granted a new trial, stating that the evidence preponderated in favor of the respondent. Order reversed on the law, with costs, the respondent's motion denied, the verdict for plaintiff reinstated, and judgment directed to be entered thereon, with costs. Respondent's witness Oppermann testified that the private car and the police car were in the same relative positions as they approached the intersection, the police car from the north and the private car from the west, but that the private car was traveling faster than the police car. The driver of the police car testified that he was "about quarter of the way into the intersection before he sounded his horn." He continued on his way until the other car "swerved in front" of him, when he applied his brakes, "hit the car tracks and skidded" and the collision occurred "in about the center of the street * * *, my right center." Such testimony, considered in conjunction with all other proof in the case, presented a question of fact as to respondent's negligence which, in our opinion, was properly decided by the jury. Close, P.J., Hagarty, Adel, Taylor and Lewis, JJ., concur.