Rague v. Staten Island Coach Co.

Appellate Division of the Supreme Court of New York

Rague v. Staten Island Coach Co.

262 A.D. 860, 28 N.Y.S.2d 213, 1941 N.Y. App. Div. LEXIS 6274

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

DecidedJune 9, 1941

StatusPublished

This text of 262 A.D. 860 (Rague v. Staten Island Coach Co.) 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

Rague v. Staten Island Coach Co., 262 A.D. 860, 28 N.Y.S.2d 213, 1941 N.Y. App. Div. LEXIS 6274 (N.Y. Ct. App. 1941).

Pincite

Opinion

Action to recover damages for personal injuries. The defendant’s bus had partially passed the cab of the plaintiff’s truck and had come to a stop. The plaintiff emerged from the cab of his truck close to the side of- the bus and was injured when the bus proceeded into the bus stop. Judgment entered on the verdict of a jury in favor of the plaintiff reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. There was error in instructing the jury on the rule of contributory negligence which would require a new trial; but the case should not have been submitted to the jury because there was no proof of negligence on the part of the defendant. Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Action to recover damages for personal injuries. The defendant’s bus had partially passed the cab of the plaintiff’s truck and had come to a stop. The plaintiff emerged from the cab of his truck close to the side of- the bus and was injured when the bus proceeded into the bus stop. Judgment entered on the verdict of a jury in favor of the plaintiff reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. There was error in instructing the jury on the rule of contributory negligence which would require a new trial; but the case should not have been submitted to the jury because there was no proof of negligence on the part of the defendant. Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Bluebook (online)

262 A.D. 860, 28 N.Y.S.2d 213, 1941 N.Y. App. Div. LEXIS 6274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rague-v-staten-island-coach-co-nyappdiv-1941.