Legal Opinion

Desmond v. Doyle

City of New York Municipal Court

Decided March 29, 1957PublishedCited by 1 opinion

1Opinion of the CourtJ. Irwin Shapiro, J.

In this case, tried before the court without a jury, the plaintiff wife, a passenger in defendant’s bus, arose to leave when she was catapulted to the floor of the bus as it made a sudden, unusual and violent stop.

Plaintiff’s claim that the bus stopped suddenly at a place not designated for a bus stop is not disputed. In fact, the defendant not only admitted the short and unusual stop, but based its defense on the fact that the stop was made necessary by a truck which cut off the bus suddenly and without warning, having swerved into the path of the bus which was proceeding on Third Avenue…

2Cases cited5 opinions

  1. Mintz v. . International Railway Co.New York Court of Appeals · 1919
  2. Kokofsky v. City of New YorkNew York Court of Appeals · 1947
  3. Lombardi v. New York State RailwaysAppellate Division of the Supreme Court of the State of New York · 1928
  4. Hoffman v. LehmanAppellate Division of the Supreme Court of the State of New York · 1955
  5. Hoffman v. LehmanNew York Supreme Court · 1953

3Cited by1 opinion

  1. Miller v. Inter City Transportation Co.City of New York Municipal Court · 1961

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