Taylor v. Westchester Street Transportation Co.

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.