Drew v. Troy Fifth Avenue Bus Co.

Appeal from a judgment of the County Court of Rensselaer County which granted the defendant’s motion for a nonsuit and dismissed the complaint at the close of the plaintiff’s ease. The plaintiff-appellant was seated next to an open window on a bus owned by the defendant-respondent on July 16, 1956 when she was struck on the breast by a peach thrown through the window by an unidentified boy. She testified that the respondent’s general manager told her the day after the accident that screens would have to be put on the busses. A deposition of this manager was introduced which was to the effect…