This section contains the nature of the case and procedural background.

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.

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