McDonald v. Cent. Sch. Dist. No. 3, Town of Romulus
| Decision Date | 14 January 1943 |
| Citation | 289 N.Y. 800,47 N.E.2d 50 |
| Parties | Cecelia L. McDONALD, Respondent, v. CENTRAL SCHOOL DISTRICT NO. 3, TOWN OF ROMULUS et al., Appellants. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Fourth Department, 264 App.Div. 943, 36 N.Y.S.2d 438.
Action by Cecelia Louise McDonald, an infant, by William McDonald, her guardian ad litem, against the Central School District No. 3 of the Towns of Romulus, Varick & Fayette, Seneca County, and others for personal injuries. The infant plaintiff was struck by an automobile after she alighted from a school bus and attempted to cross the highway. It appeared that the Board of Education passed a rule which was conveyed to the children and bus driver that whenever the bus stopped the children in crossing street should pass directly in front of it.
The Supreme Court, 179 Misc. 333, 39 N.Y.S.2d 103 held that the question whether the bus operator should have anticipated in exercise of reasonable care that operator of automobile which struck the child would fail to stop automobile before passing the bus as required by Vehicle and Traffic Law, Consol.Laws, c. 71, s 81, subd. 24 was for the jury and denied defendants' motion for a new trial. The Appellate Division, 264 App.Div. 943, 36 N.Y.S.2d 438 affirmed the judgment and order, and the defendant appeals.
Affirmed.
Judgment affirmed with costs.
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