MAYER V. PETZELT
311 F.2d 601, cert. denied, 373 U.S. 936 (7th Cir. 1962)
NATURE OF THE CASE: This was a personal injury action.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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