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FIELDS v. CITY OF NEW YORK

4 N.Y.2d 334 (1958)

Albertha Fields, as Administratrix of The Estate of Henry Fields, Deceased, Appellant, v. City of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided May 8, 1958.

Attorney(s) appearing for the Case

Herman B. Gerringer and William Podell for appellant.

Peter Campbell Brown, Corporation Counsel (Alfred Weinstein and Seymour B. Quel of counsel), for respondents.

Chief Judge CONWAY and Judges DESMOND, DYE, FULD and FROESSEL concur; Judge BURKE taking no part.

VAN VOORHIS, J.

The action is for the negligent shooting of plaintiff's husband by a New York City policeman. On May 26, 1951 deceased collided with the front end of another auto at the intersection of Osborn Street and Belmont Avenue in Brooklyn. Deceased did not stop but continued on Osborn Street. A crowd had gathered at the scene of the accident, and a number of persons shouted "Hit and run". Defendant Sam...

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