Appellate Terms of the Supreme Court of New York November 6, 1903 (Greenbaum v. Interurban Street Railway Co.)

BISCHOFF, J.

On the day of the accident, July 15, 1902, between 11 and 12 o’clock in the forenoon, and therefore in broad daylight, the plaintiff undertook to push his cart from the north to the south side of Third street, between Avenues B and C, and across the defendant’s track. At this time one of the defendant’s cars was approaching in a westerly direction, and at rapid speed.