Sheehan v. City of N.Y

In Sheehan v. City of N.Y., 40 N.Y.2d 496 (1976), the defendant's bus was slowing down to make a stop, allegedly unable to pull into the parking lane because of parked cars. A city garbage truck crashed into the rear of the parking bus, injuring the bus's passenger. Id. at 499. The garbage truck's driver, who saw the bus before he crashed, conceded negligence. Id. at 503. The court granted summary judgment to the defendant bus, holding that any alleged negligence on the part of the bus was not the proximate cause of the collision. Id. Rather, presence of the bus in the traveling lane "merely furnished the condition or occasion for the occurrence of the event rather than its causes." Id. The court noted that it was no different than if the bus had continued to drive down the traveling lane without stopping, or if it properly drove into the parking lane, and then back into the traveling lane. Id. Therefore, the bus was merely in one place it had a right to be, as opposed to another place it had a right to be. Id.