Ferguson v. City of New York

Appellate Division of the Supreme Court of New York

Ferguson v. City of New York

279 A.D. 606, 107 N.Y.S.2d 534, 1951 N.Y. App. Div. LEXIS 3167

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

DecidedOctober 22, 1951

StatusPublished

This text of 279 A.D. 606 (Ferguson v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferguson v. City of New York, 279 A.D. 606, 107 N.Y.S.2d 534, 1951 N.Y. App. Div. LEXIS 3167 (N.Y. Ct. App. 1951).

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Opinion

In our opinion the evidence adduced was sufficient to establish, prima facie, a willful and intentional killing, and a presumption arose therefrom that it was committed without justification or just cause. The proof was sufficient, in the absence of evidence on the part of the defendants to meet this presumption, to satisfy the burden of proof imposed on the plaintiff and to overcome any presumption which might otherwise have arisen that the officer acted lawfully. (Cf. People v. Sandgren, 302 N. Y. 331; People v. McCarthy, 110 N. Y. 309, and Cassidy v. Cady, 49 Misc. 478.) Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See post, p. 665.]

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In our opinion the evidence adduced was sufficient to establish, prima facie, a willful and intentional killing, and a presumption arose therefrom that it was committed without justification or just cause. The proof was sufficient, in the absence of evidence on the part of the defendants to meet this presumption, to satisfy the burden of proof imposed on the plaintiff and to overcome any presumption which might otherwise have arisen that the officer acted lawfully. (Cf. People v. Sandgren, 302 N. Y. 331; People v. McCarthy, 110 N. Y. 309, and Cassidy v. Cady, 49 Misc. 478.) Present — Nolan, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See post, p. 665.]

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Bluebook (online)

279 A.D. 606, 107 N.Y.S.2d 534, 1951 N.Y. App. Div. LEXIS 3167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferguson-v-city-of-new-york-nyappdiv-1951.

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