Bencie v. Williams

Plaintiff, Frank Bencie, sued the defendant, Ralph L. Williams, for damages resulting from personal injuries suffered when plaintiff was shot with a revolver by said defendant, who was a police officer. The Fidelity and Casualty Company of New York (appellant), was joined as a defendant in its capacity as surety upon the policeman’s official bond in the sum of $5,000.

The ad damnum was $25,000 as to Williams and $5,000 as to his surety. The jury was handed six forms of verdict and an instruction thereon, three of them heing plaintiff’s verdicts, one finding both defendants guilty and one…