
    Charles Schasel, Appellant, v. International Railway Company, Respondent.
    
      Negligence — railroad — action to recover for personal injuries received by being struck by a street car — when plaintiff guilty of contributory negligence.
    
    
      Schasel v. International Railway Co., 185 App. Div. 194, affirmed.
    (Argued October 15, 1920;
    decided November 16, 1920.)
    Appeal from a judgment entered February 3, 1919, upon an order of the Appellate Division of the Supreme Court in' the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff was a passenger on one of defendant’s cars going south on Washington street in the city of Buffalo. The car stopped at the near side of Mohawk street which crosses Washington, the front of the car being at the north crosswalk of Mohawk. He and a companion alighted from the rear platform and stood for a moment until the car proceeded and had moved “ something like thirty or forty feet,” as he testified, when he “ looked up and down, saw everything was clear, then went across.” As he stepped on to the next parallel track he was struck by a car going north which he had not seen or heard. The Appellate Division held that plaintiff was guilty of contributory negligence as matter of law.
    
      Arthur B. Connolly and Vernon Cole for appellant.
    
      Harold S. Brown for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Collin, McLaughlin, Andrews and Elkus, JJ. Dissenting: Hogan and Pound, JJ.  