The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-08-16
THE NEW MAVEN POLTCEwiN
ON ltLE FIELD.

The supreme Court ~ Errors Of Connsrtt
Cut has decided that exemplary damage
we're awarded properly 20 New Hsver
policeman IN suit against the FIRST Select
man 81 the town NJ Orange in which IN,
Vale football field - situated and a specia
constable Who tore his badge from his coat
when he vas performing police duty At 4
game IN October ~. 1919 The court found
that Tho policeman VAS the victim ~ an
unjust fol and malicious assault and in ~.
opinion -aid
The plAlnu7 Kcans Ns rolic- oro~r IN INC
rity - NrV HsNrn NAin. ono ~ the defendants
upoH the day - the assault. sAs Ftrst Selectmsn
~ the 'o~n Of orange 1t this time Trrnch. the
q her Defendant sAs special constable 81 orange
On October ~ ien> game % football Was played
upon Yale rcd heiseen football team repre-
s-ntng Vale ' nivsrsity and smother college team
Vale hed. Vhirh IL IN the 'oWn ~ orange WAs
under the management and control OF the Vale
Football Association when the disturbance he
tween these tu0 parties took place
The plaintiff on the afternoon 81 the gane IN
The Application Of me football association. was
directed ny the Chef IL Police 81 N. city Of New
Haven 10 go To Vale held. pom striving there
he reported 20 ono lIockhart who rad general
supervision 81 Vale field and approaches iock
hart Instructed plaintiff 20 Keep the crowd ~ boys
and vendors bacz from inc gate and 10 keep car
rAGes and automobiles from driving on = newly
made roncourSe or oTen space which hsd not
been rolled doSn.
Main accompanied by French. drove ~, unon
this open spare ant hitChed their horSs The
plainuf Who At 'hs time Was standing nesT The
gs,e keeping the boys from Interfering with pen
rIe going IN and out discovered the defendants
about the time they were hlI~hinE and told then,
hey must move that tea ms were not allowed
UPON that op~n space concourse. and that N
hey would drive doun IN the other gate they could
20 On the hehd Afiev >ome little conversation
-. .NaeN2 raf. TO-
righi 10 come out IN Vale neld. Main gave . nod
20 French Who placed M. let arm scross the
plaintiffs breast and reached over with his right
hand and quickly pulled his badge 81 before the
nAlnur could make any resistance oT prevent
the badge being removed.
AFTER taxing the badge French handed II ~
Main. who put ~ IN his pocket and refused n -
turn me badge n N. plsinur. but kept II for
seveTsl DAYS when ne delivered N ~ NE chief ~
Police Of New haven UPON demand ~ the Mayor
and BOARD ~ Police Commissioners ~ the city ~
New Haven In the Conversation between the
pninu7 and the defendants preceding and In
Guiding the time when the badge Vas rrmo, ed
from rlainur. coat. all OF the psrtie. we-e upon
private property. . Fart Of the Vale fed. The
Defendants ~ fsr a. appeared from the evidence
mad no object In going 10 Vale neld On the DAY In
question other than - above stated. shortly
sf,er iniS occurrence they drove asAy
The defendants complain because exemplary
damages Nerc allowed 10y the court The CON
plaini under consideration con tains ALLEGATIONS
~ hlch ~ true would permi, the assessment OF
exer plAry damages The uisl court has found
that although no plea nf Qualification vAs offered
vet the defendants acts ~ere without iu,uncato
malicious and ~Anton Whether IL Il reason
able and proper for . policeman % the city Of New
Haven IN wear hts badge Of once While upon Yale
reid l. not question for this time 10 decide
ami one upon which We need not express an opin
lon. There Nss nothing however. IN the charAc
ter Of The once % the fIr,t Seicctman Of Orsnfr
that gave the defendants any legal authority %
remove forcibly the plsinurs insignia ~ once
u nder the circumstances detailed In the nndIns
TIE court below made No mistske IN holding That
their conduct vas un iusunAbie
The Supreme Court OF Errors savs ,ha,
there are facts from which the trial court
could have reached consistently the concIu.
SION that the acts Of the defendant. we're
wanton There had been con,ro,srsy
he, cen Firs, SelectmAn Main and The Chief
Of Police OF New Haven over New Haven
policemen doing duty on Yale field and when
the policeman approached him on that dav
Main was angry.
The plaintiff suffered very nttle sctuAI dar.r.
from the occurrence. Hts coat VS. slightly torn
when the badge vas pulled OF But the cireum
stances % the time and place " hen and where tho
Insult Vas given. and the circumstance attending
IT, we're such that the court uas fairly JUSTIFIED
In finding. a. u did. that the injury was inflicted
In . spirit Of malice. within which there vas en-
braeed q deliberate purpose TO override the p,ain
un's rights and 10 humintate him In Q public