RUCKER v. FIFTH AVE. COACH LINES, INC.


15 N.Y.2d 516 (1964)

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

Court of Appeals of the State of New York.

Decided October 15, 1964.


Attorney(s) appearing for the Case

William J. McNamara and Stuart Riedel for appellants.

Jacob D. Fuchsberg and Abraham Fuchsberg for respondent.

Concur: Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND dissents in the following opinion in which Judge DYE concurs.


Order reversed and the complaint dismissed, without costs, upon the ground, fully developed in the dissenting opinion at the Appellate Division, that the plaintiff failed, as a matter of law, to establish actionable negligence. The cases cited in the opinion for affirmance are inapposite. In each of them, a question of fact as to defendant's negligence was held to exist by reason of the undisputed proof that the operator of the ...

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