Steward v. Borough of Magnolia

The opinion of the court was delivered by

Seidman, J. A. D.

This is an appeal from an order granting summary judgment in favor of defendant municipality and dismissing plaintiff’s personal injury, negligence action.

The facts are essentially uncontroverted. Plaintiff’s husband, a part-time police officer employed by the Borough of Magnolia, was on duty March 12, 1913. He went home for dinner, as he was permitted to do, and was about to return to work when his wife called his attention to “something wrong” with his service revolver. As he withdrew the weapon from its holster it discharged, the…