Sheehan v. City of New York

In Sheehan v. City of New York (40 NY2d 496 [1976]) a city bus gradually stopped to let passengers disembark at an intersection on East 138th Street in the Bronx when it was struck from the rear by a sanitation truck with defective breaks. The bus driver testified that he failed to stop at the curb because of parked cars blocking the bus stop. The court held that the sanitation truck's defective breaks were the sole proximate cause of the accident since the bus appeared merely to have been at one point in the street where it had a right to be (the traveling lane) rather than at another point in the street where it had a right to be (the bus stop). Id. at 502. The bus, therefore, merely furnished the condition or occasion for the accident. In that case, plaintiff's sued after being injured while on defendant's bus. Id. The bus was parked and impacted in the rear by another vehicle. The court concluded that the bus' location, even though not at a bus stop, was not the proximate cause of the accident. Id. Instead, the court concluded that it was the negligence of the other vehicle which caused the accident. Id.