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FITZGERALD v. McCUTCHEON

270 Pa.Super. 102 (1979)

410 A.2d 1270

Joseph P. FITZGERALD, Jr. v. Jack McCUTCHEON, City of Philadelphia, and Robert H. Foerderer Republican Club. Appeal of CITY OF PHILADELPHIA.

Superior Court of Pennsylvania.

Filed September 28, 1979.

Petition for Allowance of Appeal Denied January 8, 1980.

Attorney(s) appearing for the Case

Barry J. Grossman, Assistant City Solicitor, Philadelphia, for appellant.

Joseph Fitzgerald Furlong, Jr., Philadelphia, for appellee.

Before VAN der VOORT, WIEAND and LIPEZ, JJ.

WIEAND, Judge:

Joseph P. Fitzgerald, Jr. was shot six times by Jack McCutcheon, his neighbor and an off-duty policeman. Fitzgerald instituted an action in trespass against McCutcheon, the City of Philadelphia, and the Robert H. Foerderer Republican Club and recovered a verdict against McCutcheon and the City of Philadelphia.1 The court below granted the City's motion for new trial because it found that it was error to allow the jury to...

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