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CASKEY v. VILLAGE OF WAYLAND

No. 362, Docket 31001.

375 F.2d 1004 (1967)

Precious H. CASKEY, as Administratrix of the Goods, Chattels and Credits which were of Willard Eugene Caskey, Appellant, v. The VILLAGE OF WAYLAND and the Estate of Charles E. Rose, deceased, Appellees.

United States Court of Appeals Second Circuit.

Decided April 3, 1967.

Attorney(s) appearing for the Case

Richard E. Shandell, New York City (Jacob D. Fuchsberg, Fuchsberg & Fuchberg, New York City, on the brief), for appellant.

Thomas W. Sullivan, Rochester, N. Y. (John F. Redmond, Zurett, Sullivan, Smith, Gough & Skipworth, Rochester, N. Y., on the brief), for appellees.

Before KAUFMAN, ANDERSON and FEINBERG, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This case presents the somewhat unusual situation of a winning plaintiff arguing that the jury's verdict should be upset and a new trial ordered. Precious H. Caskey, the appellant, brought a negligence action against the Village of Wayland, New York, and the estate of Charles E. Rose, a former Wayland police officer, to recover for the wrongful death of her husband Willard E. Caskey, who suffered critical injuries when officer Rose...

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