Flynn v. Manhattan & Bronx Surface Transit Operating Authority

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

Appellant’s contention that the evidence failed to establish a prima facie case of liability must be rejected. It was not disputed that the bus and the bicycle on which plaintiff was riding collided. There was evidence from which the jury could have concluded that the bus hit the bicycle. There was also evidence from which the jury could have concluded, in the circumstances, that it was negligent on the part of defendant not to have equipped…