OWEN v. ROCHESTER-PENFIELD BUS CO.


304 N.Y. 457 (1952)

Mary Jane L. Owen, Appellant, v. Rochester-Penfield Bus Company, Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 24, 1952


Attorney(s) appearing for the Case

Asbury H. Harpending for appellant.

Austin W. Erwin and Austin W. Erwin, Jr., for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ., concur.


FROESSEL, 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...

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