DAVIS v. HELLWIG


21 N.J. 412 (1956)

122 A.2d 497

VIOLET M. DAVIS, BY HER GUARDIAN AD LITEM, ROBERT J. DAVIS, AND ROBERT J. DAVIS, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. MARTIN HELLWIG, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 30, 1956.


Attorney(s) appearing for the Case

Mr. Thomas M. Kane argued the cause for appellant (Mr. Vincent P. Torppey, attorney; Mr. Kane of counsel).

Mr. John J. Manley argued the cause for respondents (Mr. Gerald A. Caruso, attorney; Mr. Manley of counsel).


The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

The question presented by this case concerns a police officer's liability in negligence to an innocent bystander struck by a deflected bullet fired from the officer's service revolver in an attempt to prevent the escape of a criminal.

The defendant, a Newark mounted policeman, was on traffic duty in West Park Street, a "very narrow" street running from Broad Street to Halsey Street in Newark...

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