Kirk v. Magee

Liability has here been imposed on appellant City of New York because the driver of a fire department pumper, responding to an alarm of fire, failed to take precaution to prevent a vehicle coming from an intersecting street from running into the side of the apparatus. We think the decision holding the city to have been negligent is against the weight of the evidence.

The traffic light at the intersection was red for the fire apparatus; green for the other vehicle coming into the intersection. Nevertheless, the fire apparatus, responding to an alarm, had the right of way. (Traffic Regulations…