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Newell v. Brooklyn Bus Corporation

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1938
255 App. Div. 857 (N.Y. App. Div. 1938)

Opinion

November 4, 1938.


The plaintiff, while attempting to alight from a standing bus on which she was a passenger, was thrown to the ground by a sudden jerk of the bus and was injured. She had a verdict. Judgment affirmed, with costs. Plaintiff was not required to show what caused the sudden jerk which resulted in the accident, but it was the duty of the defendant to explain that. ( Martin v. Second Avenue R.R. Co., 3 App. Div. 448; Bente v. Metropolitan Street R. Co., 90 id. 213; affd., 180 N.Y. 519.) Davis, Adel and Close, JJ., concur; Lazansky, P.J., and Carswell, J., dissent and vote to reverse and to dismiss the complaint on the ground that there is no proof of negligence.


Summaries of

Newell v. Brooklyn Bus Corporation

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1938
255 App. Div. 857 (N.Y. App. Div. 1938)
Case details for

Newell v. Brooklyn Bus Corporation

Case Details

Full title:ALICE M. NEWELL, Respondent, v. BROOKLYN BUS CORPORATION, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 4, 1938

Citations

255 App. Div. 857 (N.Y. App. Div. 1938)

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