Smith v. City of Albany

Plaintiff appeals from a verdict in favor of the defendant in this negligence action. The case has been here earlier. (257 App. Div. 715.)

Plaintiff received his injuries while a member of a band of musicians marching in a political parade, from the explosion of a pail of red fire which was being used to illuminate the streets along the line of march. There was an ordinance of the city which forbade the burning of red fire in the streets. This was being violated with the knowledge and in the presence of the mayor, the commissioner of public works and many policemen of the city.

The charge in…