Appellate Division of the Supreme Court of the State of New York December 23, 1935 (City of Auburn v. Roate)

Edgcomb, J.

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.