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OWEN v. ROCHESTER-PENFIELD BUS CO.

278 A.D. 5 (1951)

Mary J. L. Owen, Respondent, v. Rochester-Penfield Bus Company, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 7, 1951.

Attorney(s) appearing for the Case

Austin W. Erwin and Austin W. Erwin, Jr., for appellant.

A. H. Harpending and F. M. Hunt (H. A. Jerry, Jr., of counsel), for respondent.

FOSTER, P. J., HEFFERNAN, BREWSTER and BERGAN, JJ., concur.

COON, J.

Plaintiff, then eighteen years of age, boarded defendant's bus at Bath, N. Y., and traveled thereon to Rochester, N. Y., on December 1, 1946. It is her contention that the defendant was negligent in that the bus was improperly heated and as a result she suffered frostbitten feet. She has recovered a verdict and judgment on this theory, from which this appeal is taken.

Plaintiff was a student at...

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