Legal Opinion
Boyd v. Manhattan & Bronx Surface Transit Operating Authority
New York Court of Appeals
Decided October 18, 2007PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
We hold that, in a negligence action against a common carrier for injuries caused by defective equipment, the jury should be charged that the plaintiff must show the carrier had actual or constructive notice of the defect.
Facts and Procedural History
Plaintiff, unable to find a seat in a New York City bus, grasped a metal strap to steady herself. When the bus began to move, the strap slid out of position, causing injuries to her shoulder and hand. Plaintiff sued the public authority that operated the bus and its parent, claiming that the strap was defective.
Defendan…
2Cases cited3 opinions
- Bethel v. New York City Transit AuthorityNew York Court of Appeals · 1998
- Levinstim v. ParkerAppellate Division of the Supreme Court of the State of New York · 2006
- Fetterly v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by6 opinions
- Mandal v. Port Authority of New York & New JerseyNew Jersey Superior Court Appellate Division · 2013
- Alonzo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
- Barrett v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2019
- Blake v. First Transit Transportation ServiceAppellate Division of the Supreme Court of the State of New York · 2015
- Hart v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2010
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