SWERDZEWSKI v. INC. VILL. OF WESTHAMPTON BEACH


30 A.D.2d 694 (1968)

Rosella Swerdzewski, as Administratrix of The Estate of Frank A. Swerdzewski, Deceased, Appellant, v. Incorporated Village of Westhampton Beach, Respondent

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

June 17, 1968


Judgment reversed, on the law and the facts, with costs, the issues of liability are determined in favor of plaintiff against defendant, and new trial granted only on the issue of damages.

Plaintiff's intestate, a volunteer member of defendant's Fire Department, was killed after being thrown from the running board of defendant's fire vehicle when it was driven at 35 to 40 miles per hour into a "puddle" which, according to the testimony, was "a couple hundred feet...

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