Carotenuto v. Surface Transportation Co.

Appeal from a judgment of the Supreme Court, in favor of plaintiffs, entered April 9, 1946, in Bronx County, upon a verdict rendered at a Trial Term.

The accident giving rise to this action was a collision between plaintiff’s bicycle and the defendant’s bus. Plaintiff’s contention was that the bus ran into the rear of the bicycle, and defendant’s contention was that while the bus was passing plaintiff, the bicycle swerved into the side of the bus. The court’s charge, after generally describing negligence as a want of reasonable care under the circumstances, specifically gave the plaintiff’s…