Burger v. Fifth Avenue Coach Company

164 N.E. 592 | NY | 1928

Order of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division on the ground that there is no sufficient basis for a finding of the defendant's negligence unless the plaintiffs' intestate when struck by the defendant's car was standing on the curb; no opinion.

Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.