Hacker v. City of New York

Capozzoli, J. (dissenting).

On all the evidence in this case a fair question of fact was presented to the trial court as to whether the defendant, city, should be held liable for the actions of the defendant, Hacker, leading to the discharge of the revolver, which he says was purely accidental.

I agree that the testimony of the defendant, Hacker, was equivocal, uncertain and at times contradictory. This is attempted to be explained on the basis of the excitement which followed the shooting and which clouded his memory as to the details of what took place. The plaintiff, having been out of the…