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Aldrich v. Madison Taxi of Buffalo, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 24, 1975
49 A.D.2d 1012 (N.Y. App. Div. 1975)

Opinion

October 24, 1975

Appeal from the Erie Trial Term.

Present — Marsh, P.J., Moule, Cardamone, Simons and Del Vecchio, JJ.


Judgment and order unanimously affirmed, with costs. Memorandum: Defendant-appellant contends that the trial court committed reversible error in refusing certain requested Pattern Jury Instructions relative to an emergency situation and a person under a disability. The court properly refused to charge the common law standard of care in an emergency situation (PJI 2:14) under the facts in this case. Since pedestrian plaintiff was struck by defendant's taxi as he was crossing at or near an unmarked crosswalk in an urban area, appellant was not confronted with a "sudden and unforeseen condition", but rather by a common occurrence that must be anticipated by a reasonable and prudent driver (see Jones v National Biscuit Co., 29 A.D.2d 1033). The facts of this accident were fairly and fully submitted to the jury by the court's charge of contributory negligence. The other requested charges were properly denied as being without evidentiary support.


Summaries of

Aldrich v. Madison Taxi of Buffalo, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 24, 1975
49 A.D.2d 1012 (N.Y. App. Div. 1975)
Case details for

Aldrich v. Madison Taxi of Buffalo, Inc.

Case Details

Full title:EDWIN C. ALDRICH, Respondent, v. MADISON TAXI OF BUFFALO, INC., et al.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 24, 1975

Citations

49 A.D.2d 1012 (N.Y. App. Div. 1975)

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