Rucker v. Fifth Avenue Coach Lines, Inc.

Order reversed and the complaint dismissed, without costs, upon the ground, fully developed in the dissenting opinion at the Appellate Division, that the plaintiff failed, as a matter of law, to establish actionable negligence. The cases cited in the opinion for affirmance are inapposite. In each of them, a question of fact as to defendant’s negligence was held to exist by reason of the undisputed proof that the operator of the *518vehicle failed ;to. see plaintiff. (or plaintiff’s intestate) even though, the. latter was in plain and.unobstructed view and in the direct path of the vehicle.

Concur:…