Frank v. City of Caldwell

BAKES, Justice.

Plaintiff appellants Roy and Phillis Frank sued defendant respondent City of Caldwell, alleging that Phillis was injured as a result of a city police officer’s negligent conduct in arresting and attempting to take her into custody. A jury found for the .city. On appeal, the Franks challenge an evidentiary ruling and an instruction given to the jury. We affirm.

On January 17,1973, Officer Jerry Hamilton of the Caldwell Police Department was dispatched to intercede in a family dispute. Phillis Frank and her daughter and son-in-law, Vickie and James Lynch, were engaged in an…