274 275 276 Vincent Lopez-for Plaintiff Cross. Cross examination by Mr. Miller: Q. You say you are the lieutenant of this fire company? A. Yes. Q. What was the fire company? A. North Bellmore Company. Q. Was it a hose? A. It was a hose and hook and ladder company No. 2. Q. What did you have-lieutenant and captain? Q. You were in charge that night? A. I was. am. Q. I show you a photograph and ask you if that is a correct representation of the fire apparatus of which you are lieutenant (handing photograph to witness)? By the Court: Q. Is that the truck? A. Yes, sir; that is the truck. Mr. Miller: I offer this photograph in evidence. (Photograph received in evidence and marked Defendant's Exhibit B, January 27, 1931.) By Mr. Miller: Q. Had there been a fire drill in this tournament that afternoon? A. No, sir. Q. Hadn't you been out for practice for some tournament? A. No, the tournament was already Vincent Lopez-for Plaintiff Cross. Q. Was it over that day? A. There was no tour- 277 nament that day. Q. How did it happen that you were that day at the firehouse? A. We had been practicing from six to seven o'clock, for tournament practice. Q. That is what I mean-had you been practicing that night? A. Yes, between six and seven o'clock. Q. Not with this apparatus? A. No, sir. Q. Where had you been practicing? A. On Rosemont Street-that is, north of our firehouse. Q. Then you had completed your practice and you were all in the house with this drill work, is that right? A. Yes, sir. Q. I understood you to say that you were on the back of the truck. A. I was. Q. With two other men? A. That's right. Q. This Buick car did not come into collision with the back of the truck? A. No, with the center of the truck. Q. On the side? A. On the side, yes. Q. Not the back of the truck? A. No, sir. 278 Q. Did you see any car before you got on the 279 Parkway? A. I did not. Q. Had the fire apparatus made a complete turn before the collision took place or not, if you know? A. I don't know. Q. Where was Mr. Muller when you first saw him after the impact? A. Hanging on the side of the truck. Q. Wasn't he out in the highway on the cement? A. His foot was touching the cement. He was bound between both cars, and when the cars were removed that was the time he fell down. 280 281 282 Vincent Lopez-for Plaintiff—Re-direct. Q. After this impact took place the fire apparatus went on 15 or 20 feet before it stopped? A. I don't know. Q. The Buick and the fire apparatus were not together when you stopped, were they? A. No, sir. Q. How far back of you was the Buick automobile? A. Only a few feet. Q. How many, would you say? A. About five or ten feet. Q. That is, the fire apparatus was that many feet further east on the Southern State Parkway than the Buick, is that right? A. Yes, sir. Q. Did you see a Ford automobile standing on the Southern State Parkway? A. That was after the accident-that was the only time I saw it. Q. Are you still lieutenant of the company? A. I am. Mr. Miller: That is all. Re-direct examination by Mr. Lally: Q. I show you a photograph and ask you if that is a fair representation of the fire truck that was involved in the accident (handing photograph to witness)? A. Yes, that is. Q. I call your attention on that photograph to rear part of the running board, and ask you if that is the condition the truck was in immediately after the accident-that is a fair representation of that running-board? A. That is right. Q. Is that the point where the Buick struck it (indicating)? Mr. Miller: I object to that. Vincent Lopez-for Plaintiff-Re-direct. By the Court: Q. Do you know where the Buick struck it? A. About the center part of the fire truck (indicating the particular point on the photograph)—I should say, around the center part of the truck. By Mr. Lally : Q. Is that about the part where it struck-from the running-board (indicating)? A. Yes, sir. Mr. Lally: I offer this photograph in evidence. (Photograph received in evidence and marked Plaintiff's Exhibit No. 2, January 27, 1931.) Q. I show you another photograph and ask you if that is a close-up photograph of the same truck? By the Court: Q. Is that the way it looked after the accident? A. Yes, sir. Mr. Lally: I offer this photograph in evidence. (Received in evidence and marked Plaintiff's Exhibit No. 3, January 27th, 1931.) Q. Calling your attention to Plaintiff's 'Exhibit No. 3, I ask you if the tool box shown on the running board, if that is in the same condition as it was immediately after the accident, or whether 283 284 285 286 John Jehle-for Plaintiff-Direct. there has been a change in the condition of that tool box? A. The tool box was straightened out— it was dented in and it was straightened out. Q. In this photograph it was straightened out? A. Yes, sir. Mr. Lally: That is all. Mr. Miller: No questions. 287 238 JOHN JEHLE, a witness called on behalf of the Plaintiff, being first duly sworn, testified as follows: Direct examination by Mr. Lally: Q. Where do you reside? A. On Columbus Avenue, North Bellmore. Q. You are connected with the North Bellmore Fire Department? A. Yes, sir. Q. And you were on the 15th day of July, 1930? A. Yes, sir. Q. In what capacity? A. First assistant engineer and driver. Q. You were first engineer and driver? A. Yes, sir. Q. Do you remember the evening of July 15th, 1930? A. Yes, sir. Q. Do you remember receiving a signal or alarm for a drill? A. Yes, sir. Q. Were you told by Vincent Lopez that it was a drill? A. Yes, sir. Q. Were you given the location? A. Yes, sir. Q. Where was that? A. Bellmore Avenue and Virginia Avenue. |