Kirk v. Magee

Frank, J. (concurring in result).

I concur in the result but for reasons other than those assigned in the majority opinion.

In this case, the plaintiffs recovered judgment against both defendants. They were passengers in a car driven by defendant Magee which collided with a fire truck owned by the defendant City of New York in the intersection of 142nd Street and Willis Avenue, borough of The Bronx, city of New York.

There is no question that plaintiffs were entirely free from any fault contributing to the accident.

While it is true that the fire truck had the right of way, despite the red light…