Greco v. Pub. Serv. Interstate Transp. Co.
| Decision Date | 03 February 1947 |
| Citation | 51 A.2d 1,135 N.J.L. 280 |
| Parties | GRECO v. PUBLIC SERVICE INTERSTATE TRANSP. CO. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Supreme Court.
Action by Massimo Greco against the Public Service Interstate Transportation Company for personal injuries sustained by plaintiff while alighting from defendant's motorbus. From a judgment entered upon a directed verdict in favor of defendant, plaintiff appeals.
Judgment affirmed.
Edward V. Martino, of Camden, for appellant.
Carl T. Freggens, of Newark (Henry J. Sorenson, of Newark, of counsel), for respondent.
Appellant was a passenger aboard the motor bus of respondent and had given notice to the bus operator that he desired to alight from the bus at a designated bus stop. The operator did not stop at the designated point but continued across the intersection and, shortly beyond the far corner thereof, stopped the bus immediately adjacent to a driveway running into a gasoline station. In alighting therefrom appellant fell to the surface of the driveway, sustaining certain injuries. He instituted suit against respondent charging failure to exercise reasonable care to see that the place selected for him to alight from the bus was a safe place for that purpose.
At the trial of the matter it was sought to be shown for appellant that he was unaware that he was stepping from the bus to the driveway but rather thought he was stepping onto the curb and that the point of discharge was unsafe because of the darkness.
The accident happened at 10:00 o'clock in the evening and it is shown that there was a street light within a few feet of the alighting point and directly over the bus which caused a shadow at the point of stepping from the bus. Appellant's wife testified that this light was directly above the driveway. The interior lights of the bus were on as was a ‘step light’ which cast an illumination at the bus step and on the street surface.
It is clear from the testimony of appellant himself and of his wife that the driveway was one of usual and ordinary construction and that its surface was clear and smooth and free of defect.
The trial court denied motion for nonsuit made by respondent at the close of appellant's case but granted a motion for direction of verdict in favor of respondent at the close of the trial. It is from the judgment entered upon this direction of verdict that appeal is taken.
It is the contention of appellant that a jury...
To continue reading
Request your trial
-
Smith v. Portland Traction Co.
...created a shadow into which the plaintiff stepped warrants a finding of negligence on defendant's part. In Greco v. Public Service Interstate Transp. Co., 135 N.J.L. 280, 51 A.2d 1, 2, the bus made a stop pursuant to the plaintiff's request so that he could depart. Where it stopped there wa......
-
Hole v. Womack
...provide a reasonably safe place to alight. Smith v. Portland Traction Company, 226 Or. 221, 359 P.2d 899; Greco v. Public Service Interstate Transp. Co., 135 N.J.L. 280, 51 A.2d 1; Cleveland v. Danville Traction & Power Co., 179 Va. 256, 18 S.E.2d 913; Meelhein v. Public Service Coordinated......
-
Perrino v. D. C. Transit System, Inc.
...as a bus stop. Virginia Electric & Power Co. v. Thomas, 180 Va. 292, 23 S.E.2d 148 (1942); see Greco v. Public Service Interstate Transp. Co., 135 N.J.L. 280, 51 A.2d 1 (Ct.App.1947). See also MacDonald v. Philadelphia Rural Transit Co., 147 Pa.Super. 220, 24 A.2d 37 We think it is clear th......
-
Jaxon v. City of Detroit, Dept. of St. Railways
...(1964), 64 Wash.2d 94, 390 P.2d 706; Fordyce v. White Star Bus Lines (1931), 304 Pa. 106, 155 A. 98; Greco v. Public Service Interstate Transportation Co. (1947), 135 N.J.L. 280, 51 A.2d 1; Mills v. City of Cleveland (1954), 97 Ohio App. 78, 117 N.E.2d 471, 55 Ohio O. 310.3 Not to be confus......