Knight v. McGuire

Asch, J. (dissenting).

In my opinion, the judgment appealed from should be reversed. Appellant was on duty at Boulevard Hospital in Queens when a radio motor patrol car arrived to relieve him. At that time it was raining heavily, and as the appellant was about to get into the automobile, he lost his footing on the wet sidewalk. His leg slipped under the car. He fell backwards injuring his left elbow on the pavement. The line-of-duty injury report filed in connection with the accident stated in part: “Investigation reveals that due to rain condition the curb and sidewalk was wet and as PO…