MENDEZ v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


57 A.D.2d 823 (1977)

Philip Mendez, Appellant, v. Manhattan and Bronx Surface Transit Operating Authority, Respondent

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

May 31, 1977


Plaintiff was a bus passenger, who claimed that he was injured when the bus on which he traveled, operated at an excessive rate of speed, failed to negotiate a curve properly so that his elbow, which had been resting on a window sill, was ejected and caused to come into contact with a pillar of an elevated railroad structure. The case was hotly contested, different witnesses giving differing versions of the occurrence. We sustain plaintiff's claim that he did not receive...

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