Legal Opinion
Schulz v. Finn
Appellate Division of the Supreme Court of the State of New York
Decided December 8, 1947PublishedCited by 7 opinions
1Opinion of the Court
The plaintiff was a passenger in a bus driven by one defendant and owned by the other. He claims that while the bus was traveling at an excessive rate of speed it “jounced or bounced,” that he was raised from his seat, and upon coming down suffered injuries. Judgment, entered on the verdict of a jury in favor of plaintiff, reversed on the law and a new trial granted, costs to abide the event. (1) The rule of res ipsa loquitur is applicable to the case, but was incorrectly explained. It was not correct to instruct the jury that if the plaintiff was thrown from his seat by a sudden and violent…
2Cases cited4 opinions
- Jones v. Niagara Junction Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Klein v. FraserAppellate Division of the Supreme Court of the State of New York · 1915
- Glick v. New York Rapid Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1940
- Brennan v. Brooklyn & Queens Transit Corp.Appellate Division of the Supreme Court of the State of New York · 1940
3Cited by7 opinions
- Rountree v. Manhattan & Bronx Surface Transit Operating AuthorityAppellate Division of the Supreme Court of the State of New York · 1999
- Johnson v. Eastern Air Lines, Inc.Court of Appeals for the Second Circuit · 1949
- Miller v. Inter City Transportation Co.City of New York Municipal Court · 1961
- Brett v. SimonAppellate Division of the Supreme Court of the State of New York · 1950
- Fagan v. A Classic Rent a Car, Inc.District Court, E.D. New York · 1991
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