Legal Opinion
Nieves v. Manhattan & Bronx Surface Transit Operating Authority
Appellate Division of the Supreme Court of the State of New York
Decided February 27, 1969PublishedCited by 10 opinions
1Opinion of the CourtStevens, P. J.
This is an action for damages for personal injuries sustained October 5, 1965, when the bus in which plaintiff was a passenger was involved in a collision with a private car owned and operated by defendant Newsome.
The plaintiffs have failed to establish any actionable negligence on the part of the appellant. Actionable negligence involves a duty owing to the injured party, a breach of such duty and injuries proximately resulting therefrom. A common carrier of passengers is not an- insurer of the safety of its passengers though it is bound to use a high degree of care for their safety. The…
2Cases cited5 opinions
- Hull v. . LittauerNew York Court of Appeals · 1900
- Meyer v. WhisnantNew York Court of Appeals · 1954
- Meyer v. WhisnantAppellate Division of the Supreme Court of the State of New York · 1953
- Meyer v. WhisnantNew York Court of Appeals · 1954
- Braver v. LitterillaAppellate Division of the Supreme Court of the State of New York · 1953
3Cited by10 opinions
- Japan Airlines Company, Ltd., Plaintiff-Appellee-Cross-Appellant v. Port Authority of New York and New Jersey, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1999
- Day v. Trans World Airlines, Inc.District Court, S.D. New York · 1975
- Goldstein v. United StatesDistrict Court, E.D. New York · 1998
- Bankhaus Hermann Lampe KG v. Mercantile-Safe Deposit & Trust Co.District Court, S.D. New York · 1979
- Hotkins v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
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