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accident happened affd appellate court applied approaching auto automobile Avenue brakes Brooklyn Heights cause of action charge chauffeur circumstances City collision common law condition contributory negligence Corp court held crossing curb curve damages danger decedent defect defendant defendant's car direction driver duty easterly employee evidence of negligence exercise fendant front garage gence Green Bus Lines highway infant plaintiff inference injury intersection intestate Judgment for plaintiff jury Lehigh Valley liability light matter of law miles an hour motor vehicle N. Y. Central northerly operation ordinance owner party pass passenger pavement pedestrian person plaintiff was affirmed presumption proceeding proof proximate cause rate of speed rear reasonable res judicata respondeat superior riding road roadway rule Schenectady servant shoulder sidewalk skidded southerly statute stop taxicab testified testimony tion traffic traveling trial court trial judge truck turned verdict violation warning westerly wheel witness York