Newell v. Brooklyn Bus Corp.

Appellate Division of the Supreme Court of New York

Newell v. Brooklyn Bus Corp.

255 A.D. 857, 7 N.Y.S.2d 512, 1938 N.Y. App. Div. LEXIS 5665

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

DecidedNovember 4, 1938

StatusPublished

Cited by2 cases

This text of 255 A.D. 857 (Newell v. Brooklyn Bus 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

Newell v. Brooklyn Bus Corp., 255 A.D. 857, 7 N.Y.S.2d 512, 1938 N.Y. App. Div. LEXIS 5665 (N.Y. Ct. App. 1938).

Pincite

Opinion

The plaintiff, while attempting to alight from a standing bus on which she was a passenger, was thrown to the ground by a sudden jerk of the bus and was injured. She had a verdict. Judgment affirmed, with costs. Plaintiff was not required to show what caused the sudden jerk which resulted in the accident, but it was the duty of the defendant to explain that. (Martin v. Second Avenue R. R. Co., 3 App. Div. 448; Bente v. Metropolitan Street R. Co., 90 id. 213; affd., 180 N. Y. 519.) Davis, Adel and Close, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote to reverse and to dismiss the complaint on the ground that there is no proof of negligence.

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The plaintiff, while attempting to alight from a standing bus on which she was a passenger, was thrown to the ground by a sudden jerk of the bus and was injured. She had a verdict. Judgment affirmed, with costs. Plaintiff was not required to show what caused the sudden jerk which resulted in the accident, but it was the duty of the defendant to explain that. (Martin v. Second Avenue R. R. Co., 3 App. Div. 448; Bente v. Metropolitan Street R. Co., 90 id. 213; affd., 180 N. Y. 519.) Davis, Adel and Close, JJ., concur; Lazansky, P. J., and Carswell, J., dissent and vote to reverse and to dismiss the complaint on the ground that there is no proof of negligence.

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Bluebook (online)

255 A.D. 857, 7 N.Y.S.2d 512, 1938 N.Y. App. Div. LEXIS 5665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newell-v-brooklyn-bus-corp-nyappdiv-1938.

Opinion

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