
    Jacob Lang, Respondent, v. The Metropolitan Steeet Railway Co., Appellant.
    (Supreme Court, Appellate Term,
    March, 1899.)
    Uegligence — Contributory negligence of a driver in failing to look about.
    Before getting into a wagon having a top with closed sides and which was facing north, the owner saw a cable car, distant about half a block, approaching rapidly from the south on the track nearest him. He entered the wagon and without looking further turned about to go south, and when his horse and front wheel were clear of the track he saw the car again, but it struck his hind wheel and he and his wagon were injured.
    Held, that he was guilty of negligence in not looking about and around properly and could not recover damages of the corporation which operated the car.
    Appeal by the defendant from a judgment of the Municipal Court, first district, New York city, rendered in favor of the plaintiff.
    Henry A. Robinson, for appellant.
    Friend, House & Grossman, for respondent.
   MacLean, J.

A horse facing up-town, and a wagon, a top closed on the sides, but open before 'and behind, were along the easterly curb of Broadway. Before getting into his vehicle, the owner and driver saw a car coming up, half a block away. It was going very fast, said a youth, who was with him, in answer to a direct question of the court. It was going at the frill speed of the cable, the motorman testified. With this to confront him, the man entered his wagon, and, without further looking, turned about to go down-town. When the wagon was turned right around, and the horse and the first wheel were off the track he saw the car, which struck a hinder wheel, overturning the wagon, injuring it and its contents, and a finger of the driver. Eor these, this action was brought and the plaintiff recovered judgment to which he was not entitled. Instead of showing absence of contributory negligence on his part, he and his witnesses proved his gross carelessness in driving without being watchful as to the danger he was then almost sure to meet. Of himself, he said he could not look. If by that he meant that his wagon was so covered he could not see about him, that helps him nothing. If a man does not take heed to his way when he should, it is of little moment whether it be because he does not take the trouble to look, or because he beforehand has so surrounded himself that he cannot look.

The judgment should be reversed, with costs.

Freedman, P. J., concurs; Leventritt, J., taking no part.

Judgment reversed and a new trial ordered, with costs to appellant to abide event.  