Racine v. Morris
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants, Theodore W. Morris and others, doing-business under the firm name, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 1st day of June, 1909, upon the verdict of a jury for $9,500, and also from an order entered in said dork’s office'on the 9th day of June, 1909, denying the said defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
This is a statutory action to recover for the death of Louis T. Racine, who .was a member of the police force of the city of Mew York, and while in the performance of duty asa patrolman received injuries, at about seven twenty-five o’clock in the evening of the 8th day of December, 1906, through the alleged negligence of the' appellants, from which he died.
The decedent was patroling on his beat, which embraced the premises Mo. 10 Vestry street, and discovered a door leading from the sidewalk into the building ajar, and summoned the patrolman on an adjoining beat and the two…
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