Williams v. New York City Transit Authority

Appellate Terms of the Supreme Court of New York

Williams v. New York City Transit Authority

26 Misc. 2d 73, 211 N.Y.S.2d 803, 1960 N.Y. Misc. LEXIS 2803

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 20, 1960

StatusPublished

This text of 26 Misc. 2d 73 (Williams v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. New York City Transit Authority, 26 Misc. 2d 73, 211 N.Y.S.2d 803, 1960 N.Y. Misc. LEXIS 2803 (N.Y. Ct. App. 1960).

Pincite

Opinion

Per Curiam.

The court erroneously failed to charge the following requests:

1. ‘ ‘ An emergency is a sudden or unexpected occurrence or condition calling for immediate action.”

2. “If the jury finds that the bus operator was confronted with an emergency not created by his negligence, and used that ordinary care which the careful and prudent person would have exercised under the same or similar circumstances, then the Jury must return a verdict in favor of the defendant.”

3. “ That if this plaintiff was injured solely by reason of the fact that an emergency compelled defendant’s driver to suddenly stop this bus, then the verdict must be for defendant.”

The main charge was devoid of any reference to the issue of emergency consequently, the interests of justice require a new trial.

The judgment should be unanimously reversed, with $30 costs to defendant to abide the event and a new trial ordered. No opinion.

Concur — Hart, Di G-iovanna and Benjamin, JJ.

Judgment reversed,, etc.

Free access — add to your briefcase to read the full text and ask questions with AI