
    Newton Johncox, Respondent, v. New York State Railways, Appellant.
    
      Negligence — railroads — motor vehicles — collision between street car and automobile — when driver guilty of contributory negligence.
    
    
      Johncox v. N. Y. State Railways, 203 App. Div. 877, reversed.
    (Argued May 8, 1923;
    decided May 29, 1923.)
    Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 18, 1922, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover property damage and damages for personal injuries resulting from a collision between an automobile operated by plaintiff and a street car belonging to defendant. The accident in question occurred at the intersection of Front street and Andrews street in the city of Rochester, on the 8th day of March, 1921, between nine and ten a. m. The plaintiff was proceeding southerly on Front street, and the street car was proceeding westerly on Andrews street. The plaintiff testified that he was driving not to exceed seven or eight miles per hour; that as he reached a point on a line with Andrews street he looked to the left but did not see anything; that the next thing he knew he was on the street car track with the street car right on to him. He further testified that Andrews street is nearly a straight street and that he could have stopped his car in six or seven feet.
    
      Earl L. Dey for appellant.
    
      P. Chamberlain for respondent.
   Judgments reversed, new trial granted, costs to abide event. Held, that plaintiff was guilty of contributory negligence as matter of law.

Concur: Hescock, Ch. J., Hogan, Cardozo, McLaughlin and Crane, JJ. Dissenting: Pound and Andrews, JJ.  