MATTER OF HUTTER v. TOWN OF BROOKHAVEN


205 Misc. 1 (1954)

In the Matter of Caroline R. Hutter, as Executrix of Caroline C. Schirmuhly, Deceased, and as Administratrix C. T. A. of Theodore D. Schirmuhly, Deceased, Petitioner, v. Town of Brookhaven, Respondent.

County Court, Suffolk County.

January 11, 1954.


Attorney(s) appearing for the Case

Ehman & Marino for petitioner.

Philip J. Caputo for respondent.


HAZLETON, Surrogate as Acting County Judge.

This is a proceeding by the representative of a volunteer fireman to recover the sum of $3,000 under section 205 of the General Municipal Law upon the ground that deceased suffered accidental injuries resulting in his death while he was on his way with his fire company to attend the parade and bazaar of a neighboring fire company.

The respondent, through its insurer, denies responsibility contending...

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