Kelly v. City of Niagara Falls

This action is brought by plaintiff to recover his damages for personal injuries received by him when he was struck by an automobile owned by defendant, and by defendant provided for the use of defendant’s police officers in the performance of their duties, which automobile was at the time of the accident being operated on the streets of defendant by one of defendant’s police officers then on duty. Plaintiff alleges that the accident was caused solely by the negligence of such police officer, which for the purposes of this motion, must be accepted as the fact.

Defendant moves to dismiss the…