Andersen v. Bee Line, Inc.

Appellate Division of the Supreme Court of New York

Andersen v. Bee Line, Inc.

283 A.D. 714, 127 N.Y.S.2d 344, 1954 N.Y. App. Div. LEXIS 5049

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 1, 1954

StatusPublished

This text of 283 A.D. 714 (Andersen v. Bee Line, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andersen v. Bee Line, Inc., 283 A.D. 714, 127 N.Y.S.2d 344, 1954 N.Y. App. Div. LEXIS 5049 (N.Y. Ct. App. 1954).

Pincite

Opinion

In an action to recover damages for conscious pain and suffering and for wrongful death, following a collision between a passenger automobile, owned and operated by plaintiff’s intestate, and a bus, owned by the corporate defendant and operated by the individual defendant, the jury rendered a verdict in favor of plaintiff for $30,000. Defendants appeal from the judgment entered thereon. Judgment reversed on the law, with costs, and complaint dismissed, with costs. A new trial would not be granted on the facts nor because of any of the claimed trial errors. No view of the evidence establishes a prima facie case of negligence by defendants causally connected with the collision. The evidence establishes that at all relevant times the bus was traveling in its proper lane on the roadway. There is no evidence that the plaintiff’s intestate was confronted with an emergent situation, as a result of which he drove his car into the lane in which the bus was traveling. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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In an action to recover damages for conscious pain and suffering and for wrongful death, following a collision between a passenger automobile, owned and operated by plaintiff’s intestate, and a bus, owned by the corporate defendant and operated by the individual defendant, the jury rendered a verdict in favor of plaintiff for $30,000. Defendants appeal from the judgment entered thereon. Judgment reversed on the law, with costs, and complaint dismissed, with costs. A new trial would not be granted on the facts nor because of any of the claimed trial errors. No view of the evidence establishes a prima facie case of negligence by defendants causally connected with the collision. The evidence establishes that at all relevant times the bus was traveling in its proper lane on the roadway. There is no evidence that the plaintiff’s intestate was confronted with an emergent situation, as a result of which he drove his car into the lane in which the bus was traveling. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

283 A.D. 714, 127 N.Y.S.2d 344, 1954 N.Y. App. Div. LEXIS 5049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andersen-v-bee-line-inc-nyappdiv-1954.