Garrett v. Bee Line, Inc.

Appellate Division of the Supreme Court of New York

Garrett v. Bee Line, Inc.

257 A.D. 981, 13 N.Y.S.2d 154, 1939 N.Y. App. Div. LEXIS 8793

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

DecidedJune 19, 1939

StatusPublished

This text of 257 A.D. 981 (Garrett 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

Garrett v. Bee Line, Inc., 257 A.D. 981, 13 N.Y.S.2d 154, 1939 N.Y. App. Div. LEXIS 8793 (N.Y. Ct. App. 1939).

Pincite

Opinion

Defendant, in an action by an infant for damages for personal injuries, appeals from a judgment for plaintiff, entered on a jury verdict. Judgment unanimously affirmed, with costs. Plaintiff, while a passenger in defendant’s school bus, sustained a serious injury to one of her eyes when it was struck by a missile, projected by means of a rubber band, by a boy in the bus. Defendant eoncededly received complaints about the conduct of children in this bus some time before the accident happened, and the jury were warranted in finding from the evidence that defendant, through its driver, had notice of repeated acts in the bus similar to that which caused plaintiff’s injury. The jury were warranted also in finding from the evidence that defendant failed to use available and effective means to prevent injury, such as plaintiff received, to children using the bus, and it was for the jury to say whether by such failure defendant fell short of reasonable care. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.

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Defendant, in an action by an infant for damages for personal injuries, appeals from a judgment for plaintiff, entered on a jury verdict. Judgment unanimously affirmed, with costs. Plaintiff, while a passenger in defendant’s school bus, sustained a serious injury to one of her eyes when it was struck by a missile, projected by means of a rubber band, by a boy in the bus. Defendant eoncededly received complaints about the conduct of children in this bus some time before the accident happened, and the jury were warranted in finding from the evidence that defendant, through its driver, had notice of repeated acts in the bus similar to that which caused plaintiff’s injury. The jury were warranted also in finding from the evidence that defendant failed to use available and effective means to prevent injury, such as plaintiff received, to children using the bus, and it was for the jury to say whether by such failure defendant fell short of reasonable care. Present — Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ.

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Bluebook (online)

257 A.D. 981, 13 N.Y.S.2d 154, 1939 N.Y. App. Div. LEXIS 8793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-bee-line-inc-nyappdiv-1939.