Schuster v. City of New York

Froessel, J. (dissenting).

I concur with Chief Judge Conwat and Judge Desmond for affirmance. Without the support of a statute or a single applicable judicial precedent, the majority is about to announce a new rule of law, namely, that every city, town and village of this State may now be held in heavy damages if their police departments fail to give such protection to an informer as a jury may later determine was adequate. And this, notwithstanding the fact that the Legislature of this State, which created these governmental agencies, has already *97manifested, by its enactment of section 1848…