Parvi v. City of Kingston

Chief Judge Breitel (dissenting).

I dissent. On no view of the facts should plaintiff, brought to causing his own serious injury by his voluntary intoxication, be allowed to recover from the City of Kingston for damages suffered when he wandered onto the New York State Thruway and was struck *561by an automobile. His attack is the familiar one on the good Samaritan, in the persons of two police officers, for not having, in retrospect, done enough.

The order of the Appellate Division should be affirmed, and the action stand dismissed.

On the night in question, the Kingston city police, responding to…