Appellate Division of the Supreme Court of New York, 1949

Sullivan v. Triboro Coach Corp.

Sullivan v. Triboro Coach Corp.
Appellate Division of the Supreme Court of New York · Decided November 7, 1949
276 A.D.2d 769
Sullivan v. Triboro Coach Corp.

Opinion of the Court

Nolan, P. J., Johnston, Adel and Wenzel, JJ., concur; Sneed, J., dissents and votes to affirm, with the following memorandum: Upon the proof adduced, the question of respondent’s contributory negligence was for the jury. (Knapp V. Barrett, 216 N. Y. 226.) Under the charge, to which there was no exception taken, the jury were warranted in finding that the operator of appellant’s bus was guilty of negligence which caused the accident.

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