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

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 vehicle 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.