Frazier v. Westchester Street Transportation Co.

Appellate Division of the Supreme Court of New York

Frazier v. Westchester Street Transportation Co.

272 A.D.2d 819

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

DecidedMay 5, 1947

StatusPublished

This text of 272 A.D.2d 819 (Frazier v. Westchester Street Transportation Co.) 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

Frazier v. Westchester Street Transportation Co., 272 A.D.2d 819 (N.Y. Ct. App. 1947).

Pincite

Opinion

Action by plaintiff wife to recover damages for personal injuries, and by her husband for expenses and loss of services. The appellant’s bus stopped to discharge passengers. It could not stop at the curb of the sidewalk because the space was occupied by parked automobiles. The bus stopped so that its right side was about five feet away from the sides of the parked automobiles. Plaintiff wife alighted from the bus, proceeded across the roadway toward the sidewalk, and was struck by a bicycle which was operated at a fast rate of speed by a boy. Order of the County Court, Westchester County, affirming a judgment of the City Court of Hew Rochelle, entered on the verdict of a jury in favor of plaintiffs, affirmed, with costs. Ho opinion. Johnston, Adel, Holán and Sneed, JJ., concur; Hagarty, Acting P. J., dissents and votes to reverse the order of the County Court of Westchester County, and the judgment of the City Court of Hew Rochelle, and to dismiss the complaint on the ground that the negligence of the boy on the bicycle, and not the conduct of the driver of the bus in its operation, was the proximate cause of the accident. [See post, p. 909.]

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Action by plaintiff wife to recover damages for personal injuries, and by her husband for expenses and loss of services. The appellant’s bus stopped to discharge passengers. It could not stop at the curb of the sidewalk because the space was occupied by parked automobiles. The bus stopped so that its right side was about five feet away from the sides of the parked automobiles. Plaintiff wife alighted from the bus, proceeded across the roadway toward the sidewalk, and was struck by a bicycle which was operated at a fast rate of speed by a boy. Order of the County Court, Westchester County, affirming a judgment of the City Court of Hew Rochelle, entered on the verdict of a jury in favor of plaintiffs, affirmed, with costs. Ho opinion. Johnston, Adel, Holán and Sneed, JJ., concur; Hagarty, Acting P. J., dissents and votes to reverse the order of the County Court of Westchester County, and the judgment of the City Court of Hew Rochelle, and to dismiss the complaint on the ground that the negligence of the boy on the bicycle, and not the conduct of the driver of the bus in its operation, was the proximate cause of the accident. [See post, p. 909.]

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Bluebook (online)

272 A.D.2d 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-westchester-street-transportation-co-nyappdiv-1947.