Smith v. City of Albany

Appeal from a judgment dismissing plaintiff’s complaint at the close of his evidence. The action was brought to recover damages for personal injuries received on one of defendant’s streets during a political parade in 1936 through the premature explosion of a considerable quantity of red fire contained and confined in a metal pail. Plaintiff was a member of one of the bands engaged to furnish music for the occasion. The explosive was carried in pails from an automobile at the head of the parade alongside the marchers and at about two or three places in a block a pound would be emptied upon…