McCarthy v. Steinway Omnibus Corp.

Appellate Division of the Supreme Court of New York

McCarthy v. Steinway Omnibus Corp.

13 A.D.2d 698, 213 N.Y.S.2d 914, 1961 N.Y. App. Div. LEXIS 11423

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

DecidedApril 17, 1961

StatusPublished

This text of 13 A.D.2d 698 (McCarthy v. Steinway Omnibus Corp.) 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

McCarthy v. Steinway Omnibus Corp., 13 A.D.2d 698, 213 N.Y.S.2d 914, 1961 N.Y. App. Div. LEXIS 11423 (N.Y. Ct. App. 1961).

Pincite

Opinion

In an action to recover damages for wrongful death and for conscious pain and suffering, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered March 9, 1959, after a jury trial, dismissing the complaint as to both defendants at the close of plaintiff’s ease. Judgment affirmed, with costs, The proof shows that decedent, while either ill or intoxicated, was sitting on the front bumper of a beer truck temporarily parked in a bus stop for the purpose of making a delivery to a grocery store; that a bus stopped about four or five feet away from the place where decedent was sitting, discharged a passenger, closed its doors and moved forward. Decedent died from injuries sustained when he, in some unexplained manner, came in contact with the bus. In our opinion, there is no proof that either of the defendants was negligent, Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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In an action to recover damages for wrongful death and for conscious pain and suffering, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered March 9, 1959, after a jury trial, dismissing the complaint as to both defendants at the close of plaintiff’s ease. Judgment affirmed, with costs, The proof shows that decedent, while either ill or intoxicated, was sitting on the front bumper of a beer truck temporarily parked in a bus stop for the purpose of making a delivery to a grocery store; that a bus stopped about four or five feet away from the place where decedent was sitting, discharged a passenger, closed its doors and moved forward. Decedent died from injuries sustained when he, in some unexplained manner, came in contact with the bus. In our opinion, there is no proof that either of the defendants was negligent, Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.

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Bluebook (online)

13 A.D.2d 698, 213 N.Y.S.2d 914, 1961 N.Y. App. Div. LEXIS 11423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccarthy-v-steinway-omnibus-corp-nyappdiv-1961.