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Rucker v. Fifth Avenue Coach Lines, Inc.

202 N.E.2d 548, 15 N.Y.2d 516, 254 N.Y.S.2d 97, 1964 N.Y. LEXIS 902
CourtNew York Court of Appeals
DecidedOctober 15, 1964
StatusPublished
Cited by9 cases

This text of 202 N.E.2d 548 (Rucker v. Fifth Avenue Coach Lines, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rucker v. Fifth Avenue Coach Lines, Inc., 202 N.E.2d 548, 15 N.Y.2d 516, 254 N.Y.S.2d 97, 1964 N.Y. LEXIS 902 (N.Y. 1964).

Opinions

Order reversed and the complaint dismissed, without costs, upon the ground, fully developed in the dissenting opinion at the Appellate Division, that the plaintiff failed, as a matter of law, to establish actionable negligence. The cases cited in the opinion for affirmance are inapposite. In each of them, a question of fact as to defendant’s negligence was held to exist by reason of the undisputed proof that the operator of the [518]*518vehicle failed ;to. see plaintiff. (or plaintiff’s intestate) even though, the. latter was in plain and.unobstructed view and in the direct path of the vehicle.

Concur: Judges Fuld, Van Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond dissents in the following opinion in which Judge Dye concurs.

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Rucker v. Fifth Avenue Coach Lines, Inc.
202 N.E.2d 548 (New York Court of Appeals, 1964)

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Bluebook (online)
202 N.E.2d 548, 15 N.Y.2d 516, 254 N.Y.S.2d 97, 1964 N.Y. LEXIS 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rucker-v-fifth-avenue-coach-lines-inc-ny-1964.