McAndrew v. Mularchuk

The opinion of the court was delivered by

Francis, J.

The infant plaintiff sued the Borough of Keansburg and Andrew Mularehuk to recover damages on account of a gunshot wound inflicted by Mularehuk, 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 the individual defendant; the borough’s liability was based upon (1) negligence in authorizing and sanctioning the arming of…