SMITH, J.
Plaintiff administrator appeals from an adverse judgment in a bench trial of a suit for wrongful death arising from the shooting in the leg of plaintiff's intestate by the defendant police officer. It is the second bench trial of the case. The first, based on four counts of ordinary negligence, resulted in a defendant's verdict on motion at the close of plaintiff's evidence. On appeal, the case was reversed and remanded for new trial. Just before the second...
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