General

Jesse J. Bartlett, Appellant, v. George Stinard and Another, Defendants, and Syracuse Co-Ordinated Bus Lines, Incorporated, Respondent

233 A.D. 891·New York Supreme Court, Appellate Division·1931·NY

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Opinion

Jesse J. Bartlett, AppeUant, v. George Stinard and Another, Defendants, and Syracuse Co-Ordinated Bus Lines, Incorporated, Respondent. [MAJORITY] Judgment affirmed, with costs, on the ground that, upon the plaintiff’s own ease, the sole proximate cause of the collision was, as matter of law, the disobedience of Stinard to the command of the statute providing for the maoagement of ears at a street intersection. (Shirley v. Larkin, 239 N. Y. 94.) We think -the decision of the trial judge was right, though the rule of law upon which he based that decision has since been disapproved by this court in Gochee v. Wagner (232 App. Div. 401), decided May 13, 1931. A11 concur. Present — Sears, P. J., Crouch, Taylor, Edgeomb and Thompson, JJ.