MERMELSTEIN v. HERVIEUX


32 A.D.2d 860 (1969)

Morris Mermelstein et al., Individually and Doing Business as Morris Body Shop, Respondents, v. Harry Hervieux, Appellant

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

June 24, 1969


GIBSON, P. J.

The proof was that a spark from a cutting torch ignited gasoline which had leaked from the fuel pump of an automobile, starting a small fire under the front end of the car. One of the plaintiffs took the foam extinguisher in question from its bracket on the wall, inverted it and directed it at the fire. No foam was discharged from the extinguisher but a thin stream of water was emitted, which had the effect of spreading the flames and floating...

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