Legal Opinion

McMahon v. Surface Transportation Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1947Published

1Opinion of the CourtCohn, J.

The action is to recover damages for personal injuries sustained by the infant plaintiff while she was on the sidewalk "waiting to board a bus operated by defendant in the City of New York. The mother of the infant plaintiff seeks to recover damages for necessary medical expenses to cure the injuries. The negligence claimed was that defendant failed “ to provide sufficient and adequate guards ” at a bus stop “ to prevent large crowds from pushing, jostling and shoving prospective bus passengers ” and that it failed “ to furnish railings, barricades or other means of preventing prospective bus…

2Cases cited7 opinions

  1. Creamer v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1892
  2. Duchemin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
  3. Baltimore Traction Co. v. MarylandCourt of Appeals of Maryland · 1894
  4. Klingensmith v. West Penn Railways Co.Supreme Court of Pennsylvania · 1924
  5. Reschke v. Syracuse, Lake Shore & Northern RailroadAppellate Division of the Supreme Court of the State of New York · 1913

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