Legal Opinion

Herndon v. City of Ithaca

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1973PublishedCited by 8 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court, entered November 3, 1971 in Tompkins County, upon a verdict rendered at a Trial Term, in favor of defendant. This is a negligence action for personal injuries sustained by Kenneth Bay Herndon when he was shot on May 26, 1966 by Charles Dolloway, a police officer employed by respondent. On May 26, 1966, Officer Dolloway was on duty in the vicinity of West Seneca Street, Ithaca, New York, at approximately 1:00 a.m. Earlier that night Herndon, who was 18 years of age and at the time was absent without leave from the United States Navy, had attempted…

2Cases cited4 opinions

  1. One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
  2. Loetsch v. New York City Omnibus Corp.New York Court of Appeals · 1943
  3. Flamer v. City of YonkersNew York Court of Appeals · 1955
  4. People v. FlorusNew York Supreme Court · 1971

3Cited by8 opinions

  1. McCummings v. New York City Transit AuthorityNew York Court of Appeals · 1993
  2. Simpkins v. SnowSupreme Court of New Hampshire · 1995
  3. Harry Warren and Stephen Nanna v. Edward Byrne and John GuldiCourt of Appeals for the Second Circuit · 1983
  4. Ostrover v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
  5. McDaniel v. City of SeattleCourt of Appeals of Washington · 1992

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