Legal Opinion

Garrett v. City of Schenectady

New York Court of Appeals

Decided July 11, 1935PublishedCited by 15 opinions

Statutory provisions as. to speed and traffic signal lights have no application to fire apparatus when on the way to a fire. (Hubert v. Granzo, 155 N. W. Rep. 204; Balthaser v. Pacific Electric Ry. Co., 202 Pac. Rep. 37; Geary v. Metropolitan St. Ry. Co., 84 App. Div. 514; 177 N. Y. 535; City of New York v. Metropolitan St. Ry. Co., 90 App. Div. 66; 182 N. Y. 536; Farley v. Mayor, 152 N. Y. 222; Miner v. Rembt, 178 App.

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Statutory provisions as. to speed and traffic signal lights have no application to fire apparatus when on the way to a fire. (Hubert v. Granzo, 155 N. W. Rep. 204; Balthaser v. Pacific Electric Ry. Co., 202 Pac. Rep. 37; Geary v. Metropolitan St. Ry. Co., 84 App. Div. 514; 177 N. Y. 535; City of New York v. Metropolitan St. Ry. Co., 90 App. Div. 66; 182 N. Y. 536; Farley v. Mayor, 152 N. Y. 222; Miner v. Rembt, 178 App. Div. 173.) There is no evidence establishing negligence. (DiCaprio v. N. Y. C. R. R. Co., 231 N. Y. 94; Racine v. Morris, 201 N. Y. 240; Karpeles v. Heine, 227 N. Y. 74; Clark…

1Opinion of the CourtLoughran, J.

Plaintiff’s automobile was struck by a motorized pumper fire truck of the defendant city of Schenectady at the intersection of Erie boulevard and Union street in that city. Plaintiff’s car was going north on Erie boulevard. Defendant’s vehicle, responding to an alarm of fire on Union street, was being driven west on that thoroughfare. The supports of a railroad bridge which spanned Union street at the east side of the intersection obscured in some degree at that point the view along either highway from the other. Both drivers knew the locality. The day was clear, the roadways dry.

A traffic…

2Cases cited2 opinions

  1. Farley v. . the Mayor, Etc.New York Court of Appeals · 1897
  2. Coots v. City of DetroitMichigan Supreme Court · 1889

3Cited by15 opinions

  1. Riley v. County of BroomeNew York Court of Appeals · 2000
  2. Kosiba v. City of SyracuseNew York Court of Appeals · 1942
  3. Neil v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1952
  4. Miller v. City of AlbanyNew York Supreme Court · 1935
  5. Crowley v. Fifth Avenue Coach Co.Appellate Division of the Supreme Court of the State of New York · 1937

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