Davis v. Hellwig

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 flred 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's central downtown and busiest section. His assignment was to prevent parking in the street and to keep traffic moving. He saw a car…