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Kline v. State

Court of Appeals of the State of New York
Jun 3, 1938
278 N.Y. 615 (N.Y. 1938)

Summary

finding that liability existed for an assault on plaintiff by troopers during a clash with a group of people on a highway trying to block a truck, where the force was "without cause or provocation and unjustifiable"

Summary of this case from Tardif v. City of New York

Opinion

Argued May 19, 1938

Decided June 3, 1938

Appeal from the Supreme Court, Appellate Division, Fourth Department.

John J. Bennett, Jr., Attorney-General ( Paul Muscarella, Henry Epstein, Leon M. Layden and James H. Glavin, Jr., of counsel), for appellant.

George T. Driscoll for respondent.


Judgment affirmed, with costs; no opinion.

Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.


Summaries of

Kline v. State

Court of Appeals of the State of New York
Jun 3, 1938
278 N.Y. 615 (N.Y. 1938)

finding that liability existed for an assault on plaintiff by troopers during a clash with a group of people on a highway trying to block a truck, where the force was "without cause or provocation and unjustifiable"

Summary of this case from Tardif v. City of New York
Case details for

Kline v. State

Case Details

Full title:PHILIP KLINE, Respondent, v. THE STATE OF NEW YORK, Appellant. (Claim No…

Court:Court of Appeals of the State of New York

Date published: Jun 3, 1938

Citations

278 N.Y. 615 (N.Y. 1938)
16 N.E.2d 124

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