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McANDREW v. MULARCHUK

33 N.J. 172 (1960)

162 A.2d 820

WILLIAM F. McANDREW, INDIVIDUALLY AND AS GUARDIAN AD LITEM OF ROBERT McANDREW, AN INFANT, AND FRANCES McANDREW, PLAINTIFFS-RESPONDENTS, v. ANDREW MULARCHUK, ET AL., DEFENDANTS, AND BOROUGH OF KEANSBURG, A MUNICIPALITY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued May 9, 1960.

Decided June 28, 1960.

Attorney(s) appearing for the Case

Mr. Prospero DeBona argued the cause for plaintiffs-respondents (Messrs. Milton, McNulty & Augelli, attorneys).

Mr. Joseph V. Cullum argued the cause for defendant-appellant, Borough of Keansburg (Messrs. Townsend & Doyle, attorneys; Mr. Thomas F. Doyle, of counsel).

Mr. Fred G. Stickel, III, argued the cause amicus curiae for the New Jersey Institute of Municipal Attorneys (Mr. Thomas M. Kane, of counsel).

The opinion of the court was delivered by FRANCIS, J.

The infant plaintiff sued the Borough of Keansburg and Andrew Mularchuk to recover damages on account of a gunshot wound inflicted by Mularchuk, allegedly during the course of his duties as a reserve patrolman of the municipality. His mother and father joined as plaintiffs to present their claim for consequential losses. The action was predicated upon charges of atrocious assault and battery and negligence against...

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