Johnson v. Fisher

This is a suit founded on negligence. Each defendant filed a motion for summary judgment. Defendant Fisher’s-motion was on the alternative for judgment on the pleadings without supporting' affidavits. The ground of her motion was “that a fireman assumes, as a matter of law, the risk of injury or death from the instrumentality which results in his being called to render assistance in his official capacity.”

Defendant Village of Lyndonville (hereinafter called Village) supported its motion with an affidavit of a trustee of the Village. It was therein stated that the plaintiff’s decedent was a…