Sheridan v. City of New York

Bubke, J. (dissenting).

Bast Tremont Avenue at West Farms Square in the Borough of The Bronx has two pedestrian islands located in the roadway. These islands are utilized solely as bus stops where passengers may board and alight from buses owned by the defendant Surface Transportation *767Corp. The roadway between these islands is used exclusively by the defendant for its buses. All other traffic, including municipal buses, is prohibited from using this area.

On the night of June 26, 1953 plaintiff’s intestate was waiting at the bus stop for the eastbound Morris Park Avenue bus. The bus arrived,…