With respect to the town, the complaint alleged that, prior to the crash of this open-convertible automobile into the tree, one of the town police officers while on duty had observed the overcrowding therein with 15 passengers when the automobile had stopped (at a traffic light) in full view of such police officer, and that he negligently failed to apprehend the operator for overcrowding the vehicle in violation of statute (Vehicle and Traffic Law, § 1213, formerly ...
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