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CHRISTENSEN v. SURFACE TRANSP. CORP. OF N. Y.

283 A.D. 349 (1954)

Carl Christensen, Appellant, v. Surface Transportation Corporation of New York, Respondent

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

March 2, 1954.

Attorney(s) appearing for the Case

Asbury S. Edmonds of counsel (Parnell J. T. Callahan, attorney), for appellant.

Edward D. Burns of counsel (Addison B. Scoville with him on the brief; Saxe, Bacon, O'Shea & Bryan, attorneys), for respondent.

PECK, P. J., CALLAHAN, BASTOW and BOTEIN, JJ., concur.

BERGAN, J.

Plaintiff's proof on the trial tended to show that he was a passenger on a bus of the defendant, a common carrier; that the bus was being driven on City Island Bridge at a speed of from thirty to forty miles an hour; that the pavement was wet; that the rate of speed permitted by city ordinance at that place was twenty miles an hour; that warning signs to slow down to twenty miles an hour were maintained at the

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