Claim of Bennett v. Village on Wolcott

On January 16, 1941, Harvey Bennett, an active member of the Wolcott Volunteer Fire Department, a duly organized and existing volunteer fire company, maintained and operated by the incorporated village of Wolcott, Wayne county, N. Y., was seated, at the breakfast table with his wife, Flossie Bennett, in the kitchen of their home in the village of Wolcott, N. Y.

After finishing his breakfast and while his wife was still seated at the table, Harvey Bennett went to the stove in which a wood fire was burning and threw a cigarette therein. Noticing that the fire was low he put a stick of wood in…