KIRK v. MAGEE


1 A.D.2d 452 (1956)

Alice Kirk et al., Respondents, v. Thomas J. Magee et al., Appellants

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

May 8, 1956.


Attorney(s) appearing for the Case

James E. Whalen for Thomas J. Magee, appellant.

John A. Murray of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for City of New York, appellant.

William S. Evans of counsel (Leo Isacson, attorney), for respondents.

PECK, P. J., BREITEL and BOTEIN, JJ., concur with BERGAN, J.; FRANK, J., concurs in the result in opinion.


BERGAN, J.

Liability has here been imposed on appellant City of New York because the driver of a fire department pumper, responding to an alarm of fire, failed to take precaution to prevent a vehicle coming from an intersecting street from running into the side of the apparatus. We think the decision holding the city to have been negligent is against the weight of the evidence.

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