Pierce v. Village of Ravena

The theory of the plaintiff’s cause of action is that the negligence of the defendant’s employee, Nicholas Tiberia, a lifeguard, was the proximate cause of the death of her intestate; that the defendant is responsible for his negligence and accordingly must respond to the plaintiff for damages growing from the death of the intestate. The first question raised upon the defendant’s motions for a dismissal of the complaint and nonsuit, which were reserved by consent, is whether the proof adduced by the plaintiff is sufficient to establish the negligence of the defendant’s lifeguard. Upon the…