Manno v. Metropolitan Life Insurance

Three police officers had recognized and were attempting to apprehend plaintiff’s decedent, Biagio Manno, and another, Carmasino, in a dance hall in New York city. One of the officers, Detective Fitzpatrick, placed his hand on Biagio Manno’s shoulder and on Carmasino’s shoulder and told them he was a police officer. Whereupon Carmasino drew a gun and ran toward a door where the other police officers were stationed. Fitzpatrick called to the other officers to “ get ” Carmasino. Meanwhile Fitzpatrick struggled with Manno, who also drew a gun. Fitzpatrick tried to save himself from Manno’s gun,…