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Laredo v. Fordham Transit Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1952
280 App. Div. 997 (N.Y. App. Div. 1952)

Opinion

November 24, 1952.


In a negligence action, judgment for plaintiffs insofar as appealed from affirmed, with costs. A jury question was presented as to the actionable concurrent negligence of the driver of the fire truck.

Nolan, P.J., Carswell, Johnston and MacCrate, JJ., concur;


The fire truck of the appellant City of Rye was responding to a fire alarm. I think it was clearly established that the truck's siren and bell were sounding as it was proceeding to the fire, at from twenty-five to thirty-five miles per hour, not an excessive speed for an emergency vehicle under the circumstances. The bus driver admits he heard the siren but, he claims, too late. There was no contact between the vehicles and I find no basis for a finding of negligence on the part of the driver of the fire apparatus.


Summaries of

Laredo v. Fordham Transit Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1952
280 App. Div. 997 (N.Y. App. Div. 1952)
Case details for

Laredo v. Fordham Transit Co., Inc.

Case Details

Full title:JOAN A. LAREDO, an Infant, by CARL A. LAREDO, Her Guardian ad Litem, et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 1952

Citations

280 App. Div. 997 (N.Y. App. Div. 1952)