Legal Opinion

Owen v. Rochester-Penfield Bus Co.

New York Court of Appeals

Decided October 24, 1952PublishedCited by 24 opinions

1Opinion of the CourtFboessel, J.

A jury has awarded plaintiff the sum of $5,000 by way of damages to compensate her for having suffered a severe frostbite of both feet. She claims these injuries were sustained as the result of defendant’s negligence in failing properly to heat its bus while she was a passenger. The Appellate Division unanimously reversed the judgment on the law and facts and dismissed the complaint. In this state of the record, plaintiff is entitled to the benefit of every favorable inference which can reasonably be drawn from facts proven (De Wald v. Seidenberg, 297 N. Y. 335, 336, 337; Betzag v. Gulf Oil…

2Cases cited4 opinions

  1. Poplar v. Bourjois, Inc.New York Court of Appeals · 1948
  2. De Wald v. SeidenbergNew York Court of Appeals · 1948
  3. Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
  4. Betzag v. Gulf Oil Corp.New York Court of Appeals · 1949

3Cited by24 opinions

  1. Fogal v. Genesee HospitalAppellate Division of the Supreme Court of the State of New York · 1973
  2. Thompson v. QuarlesCourt of Appeals of Texas · 1956
  3. Guaspari v. GorskyAppellate Division of the Supreme Court of the State of New York · 1971
  4. Lee v. LesniakAppellate Division of the Supreme Court of the State of New York · 1972
  5. Martin v. Volvo Cars of North America, Inc.Appellate Division of the Supreme Court of the State of New York · 1997

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