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TILLSON v. KUHNER

283 A.D. 604 (1954)

Elizabeth Tillson, as Administratrix of The Estate of John E. Tillson, Deceased, Appellant, v. Herbert Kuhner et al., Respondents Elizabeth Tillson, as Administratrix of The Estate of John E. Tillson, Deceased, Appellant, v. Greenport Fire District et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 2, 1954.

Attorney(s) appearing for the Case

R. Waldron Herzberg and R. Monell Herzberg for appellant.

Warner M. Bouck, Harold E. Fritts and William F. Christiana for Greenport Fire District, respondent.

Harold R. Topken for Livingston Fire District, respondent.

Harold E. Fritts for Town of Greenport, respondent.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.

BERGAN, J.

On April 4, 1952, Herbert Kuhner, a volunteer fireman of the defendant Greenport Fire District in Columbia County, driving his own truck, collided on a public road within the Greenport District with an automobile operated by plaintiff's husband who died as a result of the accident.

Kuhner was on his way to the home of the Greenport District's fire chief to obtain fire equipment. He was making...

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