Taylor v. Westchester Street Transportation Co.

Appellate Division of the Supreme Court of New York

Taylor v. Westchester Street Transportation Co.

276 A.D.2d 874

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

DecidedDecember 27, 1949

StatusPublished

This text of 276 A.D.2d 874 (Taylor v. Westchester Street Transportation 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

Taylor v. Westchester Street Transportation Co., 276 A.D.2d 874 (N.Y. Ct. App. 1949).

Pincite

Opinion

Nolan, P. J., Johnston, Adel and Sneed, JJ., concur; MacCrate, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: The driver testified it was unusual for a bus to lurch. The jury could say that this bus did lurch, and that the lurch was violent. It was violent enough to knock plaintiff into the seat and cause her to cry out “ You almost broke my back.” The cross-examination as to other accidents, however, should not have been allowed.

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Nolan, P. J., Johnston, Adel and Sneed, JJ., concur; MacCrate, J., dissents and votes to reverse the judgment and to grant a new trial, with the following memorandum: The driver testified it was unusual for a bus to lurch. The jury could say that this bus did lurch, and that the lurch was violent. It was violent enough to knock plaintiff into the seat and cause her to cry out “ You almost broke my back.” The cross-examination as to other accidents, however, should not have been allowed.

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Bluebook (online)

276 A.D.2d 874, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-westchester-street-transportation-co-nyappdiv-1949.