Burns v. City of New York

McNally, J. (dissenting).

In this action for false arrest, assault and battery, and negligence, the jury’s verdict in favor of the plaintiff-appellant in the sum of $50,000 was set aside and the complaint dismissed. The evidence relative to liability is as follows: John W. Nelson, who was a probationer with the Police Department from June 16 to November 20, 1951, an acquaintance of the defendant Flynn, testified that on April 14, 1953, at midnight, at a bar and grill, he had a talk with the defendant Flynn during which the latter informed Nelson that he had become a permanent member of the…