Laskowski v. Mankovich
Laskowski v. Mankovich
Opinion of the Court
The plaintiff brought suit to recover compensation for injuries received by him and resulting from his being struck and knocked down by an automobile driven by the defendant Mankovich. The accident occurred in Perth Amboy on the 30th of February, 1930, at about nine o’clock in the
It is first contended as a reason for setting aside the verdict that the finding of the jury that plaintiff was not guilty of contributory negligence is contrary to the great weight of the testimony. It seems to us that his own story shows that the accident was largely the result of his own negligence. He observed the car coming, he was not able to tell the speed at which it was traveling, and then undertook to cross over the street without making any further observation, making no attempt to see whether the car was approaching so rapidly as to be a threat of danger to him. The speed of the ear, as the uncontradicted testimony on the part of the defendant shows, was about twenty miles an hour, and that was not in excess of the speed allowed by the traffic law at a location like that where the accident happened.
It is also urged, as a reason for setting aside the verdict, that it is excessive. The jury awarded the plaintiff $6,000 as compensation for the injuries received by him, plus the amount expended in the treatment of his injuries, to wit,
For the reason first indicated, our conclusion is that the rule should be made absolute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.