Thompson v. City of New York

OPINION OF THE COURT

Memorandum.

The judgment appealed from and the order of the Appellate Division brought up for review should be affirmed, with costs.

Plaintiff was injured when the legally parked vehicle in which she was sitting was struck by one of defendant’s fire trucks, as it attempted to negotiate a turn. In plaintiff’s negligence action against the city, Captain Brennan, a fireman directing the truck as it turned, testified on direct examination that, “I did not see [the parked car] * * * I should have seen it but I didn’t.” An investigation by the fire department introduced at trial…