Summary
finding that liability existed for an assault on plaintiff by troopers during a clash with a group of people on a highway trying to block a truck, where the force was "without cause or provocation and unjustifiable"
Summary of this case from Tardif v. City of New YorkOpinion
Argued May 19, 1938
Decided June 3, 1938
Appeal from the Supreme Court, Appellate Division, Fourth Department.
John J. Bennett, Jr., Attorney-General ( Paul Muscarella, Henry Epstein, Leon M. Layden and James H. Glavin, Jr., of counsel), for appellant.
George T. Driscoll for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.