Procida v. City of New York

Jasen, J. (dissenting).

I dissent and vote to affirm.

The plaintiff, an employee of the New York City Transit Authority, was injured while driving a bus on an assigned route along Avenue U in Brooklyn. Plaintiff testified that on December 14, 1959, while proceeding east on Avenue TJ, he stopped to discharge a passenger at the 73rd Street intersection. Since a car was parked in the bus stop, he ‘1 nosed the bus ’ ’ into the curb in front of the ear, so that its front was about nine feet from the 73rd Street intersection. In starting up, he observed traffic in both directions, and he ‘1 proceeded…