Legal Opinion

Berger v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided October 28, 1940PublishedCited by 24 opinions

1Opinion of the CourtClose, J.

This action was brought against the city of New York to recover damages for the death of the plaintiff's intestate, caused, it is alleged, by the negligence of a police officer of such *403city while operating a commandeered car in the pursuit of suspicious characters who were fleeing from the officer. The facts may be briefly stated. Defendant Joseph Patrick Kent, a police officer of the city of New York, was patrolling bis beat in the borough of Brooklyn about seven o’clock on the morning of August 23, 1931, when he noticed some suspicious characters loitering in the doorway of a drug store. As…

2Cases cited9 opinions

  1. Maxmilian v. . MayorNew York Court of Appeals · 1875
  2. Matter of Babington v. Yellow Taxi Corp.New York Court of Appeals · 1928
  3. Matter of Evans v. BerryNew York Court of Appeals · 1933
  4. Leppard v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1929
  5. Ottmann v. Village of Rockville CentreNew York Court of Appeals · 1937

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3Cited by24 opinions

  1. Kagel v. BruggerWisconsin Supreme Court · 1963
  2. Marsh v. La MarcoNew York Supreme Court · 1973
  3. Thomas v. Consolidated Fire District No. 1New York Court of Appeals · 1980
  4. Sikora v. SteinbergNew York Supreme Court · 1963
  5. Portman v. Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1962

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