WHITMIRE v. STATE OF NEW YORK


198 Misc. 481 (1950)

Francis W. Whitmire, Claimant, v. State of New York, Defendant. (Claim No. 29915.)

Court of Claims.

July 28, 1950.


Attorney(s) appearing for the Case

William L. Hunt for claimant.

Nathaniel L. Goldstein, Attorney-General (Frank M. Noonan and Lawrence H. Wagner of counsel), for defendant.


RYAN, J.

At about 2:30 A.M. on June 28, 1949, the claimant, a volunteer fireman, responded to an alarm of fire in a home on Grand Island. He carried a hose from a pumper which was stationed on the West River Road, and proceeded easterly through tall grass and weeds in the direction of the burning building. He fell into an open and unguarded cellar about four to five feet deep and sustained personal injuries for...

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