Fitzgerald v. McCutcheon

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 consider the issue of whether the City had been negligent in hiring McCutcheon. 2 The City’s motion for judgment n. o. v., however, was denied, the court…