City of Newark v. Civil Service Commission

The opinion of the court was delivered by

Heher, J.

On September 11th, 1932, respondent Cavanaugh, a patrolman in the uniformed police department of the city of Newark, appointed on December 16th, 1931, entered a public cafe or saloon located in that municipality, and conducted by one Edward McCaffrey. He was “off duty.” His purpose, so he said, was to obtain a bos of candy won in a raffle or drawing conducted on the saloon premises. He tarried, however, with tragic results. Herbert McCaffrey, a brother of the proprietor and an old friend of Cavanaugh, was there. They indulged in some good…