Mayer v. Petzelt

311 F.2d 601, cert. denied, 373 U.S. 936 (7th Cir. 1962)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In a personal injury action the jury returned a general verdict for P with a special interrogatory against him on the question of due care. The court entered judgment for D. The injury resulted with P violated a traffic law and then drove into a dark alley behind his hotel and D followed in his police motorcycle. While D was attempting to arrest P, P ran and fell in the alley and was injured. D's conduct during the arrest was not proper for a police officer and in a prior incident just one month before, D drug P back to the police station for telling a lie and in the process ripped his shirt. During the incident in question, D did not have his flashlight or ticket book and went at P hollering and shaking the car violently when P got out of the car and ran down the alley and was injured. P appealed.