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WILKES v. CITY OF NEW YORK

308 N.Y. 726 (1954)

George W. Wilkes, Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

Adrian P. Burke, Corporation Counsel (Andrew Bellanca and Seymour B. Quel of counsel), for appellant.

Samuel Korb and Thomas Russell Jones for respondent.

Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE and FROESSEL, JJ. FULD, J., dissents in an opinion in which VAN VOORHIS, J., concurs.

Judgment affirmed, with costs.

FULD, J. (dissenting).

I find no evidence to support the finding, implicit in the jury's verdict, of negligence or fault on the part of the police officer or the defendant City of New York.

As I read the record, we have a case where a police officer of over twenty-five years' experience in the Department, did what he did, not only to effect an arrest and to overcome resistance, but in self-defense, to save...

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