Legal Opinion
Collins v. City of New York
New York Supreme Court
Decided February 13, 1958PublishedCited by 15 opinions
1Opinion of the CourtHenry Clay Greenberg, J.
On September 28, 1953 Harold Kearney, a New York City policeman, while walking on the platform of a subway station on his way to report for duty, accidentally dropped a paper bag in which he was carrying his off-duty revolver. It went off when it hit the ground, the bullet striking plaintiff, who was walking about 10 feet to the rear of Kearney.
There is no problem in resolving the question of Kearney’s liability. ‘ ‘ A very high degree of care is required from all persons using firearms in the immediate vicinity of other people, no matter how lawful, or even necessary, such use may be” (4…
2Cases cited4 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Sauter v. New York Tribune, Inc.New York Court of Appeals · 1953
3Cited by15 opinions
- Roberts v. BenoitSupreme Court of Louisiana · 1992
- District of Columbia v. DavisDistrict of Columbia Court of Appeals · 1978
- Dublin v. Virgin Islands Telephone Corp.Supreme Court of The Virgin Islands · 1978
- Hanson v. BenelliLouisiana Court of Appeal · 1998
- Phillips v. City of CrowleyLouisiana Court of Appeal · 2013
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