Wilfredo Dominguez, an Infant, by His Mother and Natural Guardian Santo Perez, Appellants v. Manhattan and…

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the trial evidence was sufficient to allow a jury to find the bus driver knew the child’s presence on the bus and thus apply the doctrine of last clear chance. It also affirmed that the doctrine applies because the plaintiff’s hitching act was a single, non‑continuing act that ended when he was on the vehicle.