Legal Opinion

McCrink v. City of New York

New York Court of Appeals

Decided January 16, 1947PublishedCited by 97 opinions

1Opinion of the CourtLewis, J.

At an early morning hour of January 3, 1943, Harry Anderson, a New York City police patrolman, while off duty and concededly intoxicated, shot and killed Francis McCrink and seriously wounded the plaintiff, Sidney Murphy. The assault by Anderson, which was unprovoked, gave rise to two actions at law against the City of New York— one by the estate of Francis McCrink for damages resulting from his death, and one by Sydney Murphy for damages due to personal injuries he sustained. The two actions were consolidated at Trial Term where, based upon a jury’s award to each plaintiff, a single judgment…

2Cases cited9 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Bernardine v. City of New YorkNew York Court of Appeals · 1945
  3. Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
  4. Baulec v. . New York Harlem R.R. Co.New York Court of Appeals · 1874
  5. Hall v. SmathersNew York Court of Appeals · 1925

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3Cited by97 opinions

  1. Weiss v. FoteNew York Court of Appeals · 1960
  2. Roberts v. BenoitSupreme Court of Louisiana · 1992
  3. Tango v. TulevechNew York Court of Appeals · 1983
  4. Schuster v. City of New YorkNew York Court of Appeals · 1958
  5. Arteaga v. State of New YorkNew York Court of Appeals · 1988

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