DOMINGUEZ v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.


71 A.D.2d 555 (1979)

Wilfredo Dominguez, an Infant, by His Mother and Natural Guardian, Santo Perez, et al., Respondents, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant

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

July 10, 1979


The infant plaintiff testified that he only "hitched" on the bus after the bus was moving. He further testified that he was on the bus for 10 seconds before it collided with the pole. The infant plaintiff also averred that his other friends on the bus were not noisy. Eugene Ortiz, one of the infant plaintiff's companions, testified that he and another companion, Santos, had to run to catch up with the bus. Hence, whatever noise Ortiz and Santos made on the back of the bus...

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