Mattera v. Green Bus Lines, Inc.

Appellate Division of the Supreme Court of New York

Mattera v. Green Bus Lines, Inc.

258 A.D. 800, 15 N.Y.S.2d 458, 1939 N.Y. App. Div. LEXIS 7004

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

DecidedNovember 6, 1939

StatusPublished

This text of 258 A.D. 800 (Mattera 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

Mattera v. Green Bus Lines, Inc., 258 A.D. 800, 15 N.Y.S.2d 458, 1939 N.Y. App. Div. LEXIS 7004 (N.Y. Ct. App. 1939).

Pincite

Opinion

In an. action for damages sustained by plaintiff when a bus, eoneededly owned by defendant, crashed into plaintiff’s store in the dead of night and damaged the store and its contents, defendant appeals from a judgment for plaintiff, entered on a jury verdict. Judgment unanimously affirmed, with costs. Defendant contends that the bus was not being operated with its permission at the time of the accident, and that at the trial it overcame the presumption of permission created by section 59 of the Vehicle and Traffic Law. In view of the improbable, contradictory and inconsistent evidence offered by defendant, consisting in large part of its own records, we are of opinion that the jury properly discarded defendant’s attempted explanation. The presumption of responsibility was, therefore, not overcome and a finding against the defendant was justified. (St. Andrassy v. Mooney, 262 N. Y. 368, 372.) Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

In an. action for damages sustained by plaintiff when a bus, eoneededly owned by defendant, crashed into plaintiff’s store in the dead of night and damaged the store and its contents, defendant appeals from a judgment for plaintiff, entered on a jury verdict. Judgment unanimously affirmed, with costs. Defendant contends that the bus was not being operated with its permission at the time of the accident, and that at the trial it overcame the presumption of permission created by section 59 of the Vehicle and Traffic Law. In view of the improbable, contradictory and inconsistent evidence offered by defendant, consisting in large part of its own records, we are of opinion that the jury properly discarded defendant’s attempted explanation. The presumption of responsibility was, therefore, not overcome and a finding against the defendant was justified. (St. Andrassy v. Mooney, 262 N. Y. 368, 372.) Present — Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

258 A.D. 800, 15 N.Y.S.2d 458, 1939 N.Y. App. Div. LEXIS 7004, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattera-v-green-bus-lines-inc-nyappdiv-1939.

Opinion

Related

Cite This Page — Counsel Stack