COMERFORD v. GREATER NEW YORK COUNCILS — BOY SCOUTS OF AM.


10 A.D.2d 683 (1960)

John Comerford, Individually and as Administrator of The Estate of John Comerford, Deceased, Respondent, v. Greater New York Councils — Boy Scouts of America, Appellant

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

March 15, 1960


Judgment unanimously reversed, on the law and on the facts, and in the exercise of discretion, and a new trial ordered, with costs to abide the event.

The evidence fails to establish how the fire was caused or that the fire was caused by defendant's negligence. It may be that upon proper proof the plaintiff will be able to establish that the available fire fighting equipment was not in proper order; that the defendant was under a duty to provide adequate fire fighting...

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