Smith v. Town of Orangetown

The extreme extent of the blanket exemption granted not merely municipalities, but all minor air raid officials, under the interpretation here given to the New York State War Emergency Act, § 40, I think should give us pause before we finally conclude that such must have been the necessary legislative intention. Here the court’s instructions to the jury in substance required it to exonerate this police officer, and the town which employed him, upon a showing of his subjective intent to obey a directive to report promptly at his police headquarters on warning of an air raid drill — this…