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RUCKER v. FIFTH AVE. COACH LINES, INC.

19 A.D.2d 598 (1963)

Jean Rucker, as Guardian ad Litem of Rosa Hill, a Mentally Incompetent Person, Respondent, v. Fifth Avenue Coach Lines, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 11, 1963

Judgment affirmed.

STEUER, J. (dissenting).

I do not believe the plaintiff proved a cause of action. The accident resulted from the contact of one of defendant's buses with the plaintiff as she was crossing Lexington Avenue at 112th Street. Plaintiff was unable to testify at the trial and there were no eyewitnesses. Plaintiff had perforce to rely on the testimony of the bus driver. While the jury would be justified in drawing unfavorable inferences...

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