Frey v. Green Bus Lines, Inc.

Appellate Division of the Supreme Court of New York

Frey v. Green Bus Lines, Inc.

259 A.D. 891, 19 N.Y.S.2d 810, 1940 N.Y. App. Div. LEXIS 7208

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

DecidedMay 6, 1940

StatusPublished

Cited by2 cases

This text of 259 A.D. 891 (Frey v. Green Bus Lines, 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

Frey v. Green Bus Lines, Inc., 259 A.D. 891, 19 N.Y.S.2d 810, 1940 N.Y. App. Div. LEXIS 7208 (N.Y. Ct. App. 1940).

Pincite

Opinion

Action to recover damages for personal injuries. Judgment unanimously affirmed, with costs. The point of dispute was whether plaintiff stepped against defendant’s bus or whether the bus was driven so close to her without warning while she was in plain sight of the driver that she was struck when she leaned over to adjust some parcels which she was carrying. Plaintiff’s testimony, taken with that of defendant’s driver, called by her, and of a'disinterested witness called by defendant, made the case one for the jury as to negligence on the part of defendant and contributory negligence on the part of plaintiff, and the verdict for plaintiff is well supported by the evidence. Plaintiff was not bound by everything defendant’s [892]*892driver said merely because she called him as a witness. (Thompson v. Blanchard 4 N. Y. 303, 311; Williams v. Sargeant, 46 id. 481, 483; Russell v. Erie Railroad, Co., 177 App. Div. 13, 15.) Present —-"Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ.

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Action to recover damages for personal injuries. Judgment unanimously affirmed, with costs. The point of dispute was whether plaintiff stepped against defendant’s bus or whether the bus was driven so close to her without warning while she was in plain sight of the driver that she was struck when she leaned over to adjust some parcels which she was carrying. Plaintiff’s testimony, taken with that of defendant’s driver, called by her, and of a'disinterested witness called by defendant, made the case one for the jury as to negligence on the part of defendant and contributory negligence on the part of plaintiff, and the verdict for plaintiff is well supported by the evidence. Plaintiff was not bound by everything defendant’s [892]*892driver said merely because she called him as a witness. (Thompson v. Blanchard 4 N. Y. 303, 311; Williams v. Sargeant, 46 id. 481, 483; Russell v. Erie Railroad, Co., 177 App. Div. 13, 15.) Present —-"Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ.

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Bluebook (online)

259 A.D. 891, 19 N.Y.S.2d 810, 1940 N.Y. App. Div. LEXIS 7208, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frey-v-green-bus-lines-inc-nyappdiv-1940.

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