Kline v. State
| Decision Date | 03 June 1938 |
| Citation | 278 N.Y. 615,16 N.E.2d 124 |
| Parties | Philip KLINE, Respondent, v. STATE of New York, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, Fourth Department, 253 App.Div. 788, 1 N.Y.S.2d 854.
Action by Philip Kline against the State of New York. On August 1, 1933, claimant left his home at Hawkinsville to go to Boonville to purchase some groceries. He intended to work that day as he had two loads of wood to draw. After completing his purchases claimant started home, going easterly to leave Boonville. When he reached a point in the highway, he saw a group of people. Believing an accident had occurred, he pulled his car to the right side of the road and parked near a gasoline filling station, which was located about 200 feet west of the village line and inside the village of Boonville. When he arrived at the gravel road, he asked someone if there was an accident, and simultaneously with a ‘No’ answer, someone said that the troopers were coming. When claimant saw the troopers coming down the road in cars, he immediately made for the gate to the gravel road, intending to circle around to the west through the fields to the south of the highway, to return to his car. After he saw the troopers he walked through the gate to the gravel road and continued walking to the south into the lot at a regular gait. As he got through the gate, other persons ran past him so that when the troopers caught up with him he was practically alone.
Claimant had been suffering for ten years from a bad heart condition prior to August 1, 1933. When a trooper in back of him directed him to run, he stated that he couldn't run and didn't dare run because of his heart condition. Without further warning claimant was struck several times by the troopers with clubs and night sticks. Claimant was not arrested.
From a judgment of the Appellate Division, 253 App.Div. 788, 1 N.Y.S.2d 854, affirming a judgment for claimant, the State of New York appeals.
Affirmed.Adcook, Longley & Driscoll, of Syracuse ( George T. Driscoll, of Syracuse, of counsel), for respondent.
Judgment affirmed with costs.
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