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Wagner v. Brooklyn Bus Corp.

248 A.D. 911 Court N.Y. App. Div. Decision date 1936-10-23 English

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p. 911
Herman Wagner, Jean Wagner, an Infant, by Albert M. Wagner, Her Guardian ad Litem, and Albert M. Wagner, Appellants, v. Brooklyn Bus Corporation, Respondent.

In an action brought to recover damages for personal injuries, judgment in favor of the defendant entered upon a dismissal of the complaint at the close of plaintiffs’ case reversed upon the law and a new trial granted, costs to abide the event. There was a question of fact presented as to whether or not the bus driver was negligent in driving thirty to thirty-five miles an hour, contrary to the city ordinance, and failing to observe the Ford ear while it was making the turn into Bast Thirty-fifth street, and continuing the speed of the bus to the point of collision. Lazansky, P. J., Young, Hagarty, Adel and Taylor, JJ., concur.