O'Reilly v. City of New York — 236 N.Y. 614

Majority

p. 614

Helen O’Reilly, Appellant, v. City of New York, Respondent. Nellie Anglin, Appellant, v. City of New York, Respondent.

Headnote

Negligence— New York city — collision of bus with telegraph pole — action to recover for personal injuries.

O’Reilly v. City of New York, 205 App. Div. 888 , affirmed.

Anglin v. City of New York, 205 App. Div. 888 , affirmed.

(Argued June 7, 1923;

decided July 13, 1923.)

Appeal, in each of the above-entitled actions, from a judgment of the Appellate Division of the- Supreme Court in the second judicial department, entered March 2, 1923, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The actions were to recover for personal injuries alleged to have been sustained by plaintiffs

p. 615

through the negligence of defendant. The essential allegations with respect to both causes of action were that the plaintiffs while passengers upon a motor bus were severely injured when said bus ran into and collided with a telegraph or other pole on Clove road, Staten Island, N. Y. The defendant’s answers denied ownership, operation or control of the motor bus, and denied the maintenance of the nuisance alleged.

Bertram G. Eadie and Guy 0. Walser for appellants.

George P. Nicholson, Corporation Counsel {John F. O’Brien, Willard S. Allen and George E. Draper of counsel), for respondent.

Judgment in each case affirmed, with costs; no opinion.

Concur: Hogan, Cardozo, Pound, McLaughlin and Andrews, JJ. Not voting: His cock, Ch.