Meistinsky v. City of New York

In an action to recover damages for wrongful death, the appeal is from a judgment in favor of respondent dismissing the complaint on the merits at the close of appellant’s case. Judgment reversed on the law and new trial granted, with costs to appellant to abide the event. The proof was that a police officer of respondent interrupted a holdup in the back room of a store and, in returning the fire of the holdup men, who were within not more than about eight feet of him, he fired one bullet at one of them and five at the other. Appellant’s intestate, who was one of the victims of the holdup,…