Summary
In Thomas v. Jamaica Buses (5 N.Y.2d 862) plaintiff, 55 years of age, to the knowledge of the operator of the bus, was wearing a brace on her left leg.
Summary of this case from Dwyer v. City of New YorkOpinion
Argued October 9, 1958
Decided November 21, 1958
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER M. DALY, J.
Burton S. Cooper, Bernard Shatzkin and Howard Stamer for appellants.
Charles Margett and H. Stuart Klopper for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL and BURKE. Judges FULD and VAN VOORHIS dissent and vote to reverse upon the ground that the negligence asserted was neither proved by plaintiff nor found by the trial court.