In what circumstances will a defendant bring a claim against a plaintiff who was thrown out of her seat by a bus driver?
"New York", United States of America
The following excerpt is from Desmond v. Doyle, 160 N.Y.S.2d 738, 5 Misc.2d 490 (N.Y. City Ct. 1957):
In Kokofsky v. City of New York, 297 N.Y. 553, 74 N.E.2d 478, 479, the plaintiff had arisen from her seat on the bus preparatory to getting off. She was standing, holding onto the seat when the bus stopped suddenly and violently and threw her. The defendant's theory was that the bus stopped to avoid an imminent collision with an automobile that had suddenly come over to the wrong side of the street.
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