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LAREDO v. FORDHAM TRANSIT CO., INC.

280 A.D. 997 (1952)

Joan A. Laredo, an Infant, by Carl A. Laredo, Her Guardian ad Litem, et al., Plaintiffs, v. Fordham Transit Co., Inc., et al., Respondents, and City of Rye et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 24, 1952.

A jury question was presented as to the actionable concurrent negligence of the driver of the fire truck.

Wenzel, J., dissents and votes to reverse the judgment and to dismiss the complaint as to appellants, with the following memorandum: The fire truck of the appellant City of Rye was responding to a fire alarm. I think it was clearly established that the truck's siren and bell were sounding as it was proceeding to the fire, at from twenty-five to thirty...

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