Gelbard v. New York City Transit Authority

Motion for summary judgment for personal injuries sustained by the plaintiff wife while a passenger in defendant’s bus. She claims to have been struck on the head by a vertical pole which fell within the bus.

The defendant’s operator, in his affidavit, assorts that he saw the pole falling away from its fixed place but that he did not see it hit anyone; that the pole fell in a direction which was *318away from where the woman who later attracted his attention (apparently the plaintiff) was sitting. Though there is a police report of the accident in which the names and addresses of witnesses are…