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FLETCHER v. COUNTY OF BROOME

286 A.D. 286 (1955)

Ivan Fletcher, Jr., an Infant, by His Guardian ad Litem, Ivan Fletcher, et al., Plaintiffs, v. County of Broome, Defendant County of Broome, Third-Party Plaintiff, v. Paul Rizzuto et al., Doing Business as Parlor City Construction Company, Third-Party Defendants Paul Rizzuto et al., Doing Business as Parlor City Construction Company, Third-Party Plaintiffs-Respondents, v. Vincent Tanzini et al., Doing Business as Tanzini Brothers, Third-Party Defendants-Appellants

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

July 7, 1955.

Attorney(s) appearing for the Case

Donald W. Kramer for third-party defendants-appellants.

David Brown for Paul Rizzuto and another, third-party defendants and third-party plaintiffs-respondents.

Charles P. O'Brien for County of Broome, defendant and third-party plaintiff.

Theodore H. Cohn for plaintiffs.

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

BERGAN, J.

Within the frame of this single case is an illustration of a liability over in tort well pleaded and of another situation in which it is not well pleaded. The record illustrates in relief "active" and "passive" negligence.

While riding on the back of a truck owned by Tanzini Brothers, infant plaintiff Fletcher was injured when he was thrown from the truck on Watson Boulevard, Broome County....

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