Erickson v. Fitzgerald

An action to recover damages for personal injuries to plaintiff and damages to Ms automoMle resulting from a collision with a police car driven by defendant Michael L. Fitzgerald. The case was tried before the court and jury, a verdict was returned in favor of plaintiff and against defendant Fitzgerald, and damages were assessed against him in the sum of $450. Judgment was entered upon the verdict and defendant appeals.

Defendant Fitzgerald, appellant, states that Ms theory is “that at the time of the accident he was a public officer acting in the discharge of police duties; that in performing…