City of Auburn v. Roate

This is a negligence action. While responding to an alarm of fire on the morning of October 14, 1934, plaintiff’s motorized fire pumper, weighing six and one-half tons, collided with defendant’s Ford sedan at the corner of Walnut street and Seward avenue in the city of Auburn, N. Y. Both vehicles were damaged. Each owner seeks to recover his loss from the other. Neither has been successful in his effort.

*462After defining negligence in general terms, the trial court read to the jury certain provisions of sections 56, 81 and 82 of the Vehicle and Traffic Law, and in so doing stated that he was “…