FRANKLIN v. BONDED CAB CORP.


34 A.D.2d 644 (1970)

Enoch Franklin, by Stanley Shapiro, His Guardian ad Litem, Appellant, v. Bonded Cab Corporation et al., Respondents

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

April 6, 1970


Order reversed, with costs, and jury verdict reinstated.

In this action it was alleged by plaintiff that, while lawfully crossing a street in the City of New York at a crosswalk, he was struck by a taxicab owned by defendant Bonded Cab Corporation and operated by defendant Aaron Rothenberg. There were no eyewitnesses to the accident. Plaintiff, 75 years of age, was unable to testify due to amnesia. A police officer (Tabala), who came to the scene testified that Rothenberg...

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