FERGUSON v. CITY OF NEW YORK


279 A.D. 606 (1951)

Josh Ferguson, as Administrator of The Estate of Herman Newton, Deceased, Respondent, v. City of New York et al., Appellants

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

October 22, 1951.


Judgment unanimously affirmed, with costs.

In our opinion the evidence adduced was sufficient to establish, prima facie, a willful and intentional killing, and a presumption arose therefrom that it was committed without justification or just cause. The proof was sufficient, in the absence of evidence on the part of the defendants to meet this presumption, to satisfy the burden of proof imposed on the plaintiff and to overcome any presumption which might otherwise...

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