[Download] "Charles Lubelfeld v. City New York" by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Charles Lubelfeld v. City New York
- Author : Court of Appeals of New York
- Release Date : January 25, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
[4 N.Y.2d 455 Page 457] This is an action to recover damages for personal injuries sustained by plaintiff, a taxicab driver for some 26 years, when
he was shot without provocation by a police officer, Patrolman Thomas J. Long, who was a passenger in his cab at the time.
Liability of the city is predicated on the theory that the three police officers who, according to plaintiff's testimony,
placed Long in his cab, knew or should have known that Long was intoxicated and carrying a loaded revolver at the time, and
were thus negligent in failing to protect plaintiff from a known risk of bodily harm. The trial court dismissed plaintiff's
complaint at the close of his case, and the Appellate Division affirmed. Plaintiff argues on this appeal that the issue of
defendant's negligence presented a question of fact for the jury.
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