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SNELL v. MURRAY

121 N.J. Super. 215 (1972)

296 A.2d 538

RUFUS SNELL, PLAINTIFF-APPELLANT, v. THOMAS MURRAY AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Material Submitted October 25, 1972.

Decided November 13, 1972.

Attorney(s) appearing for the Case

Mr. Mark D. Larner argued the cause for appellant (Messrs. Budd, Larner, Kent, Gross & Picillo, attorneys; Nadine Taub, on the brief).

Mr. Leonard Rosenstein argued the cause for respondent City of Newark (Messrs. Feuerstein, Sachs & Maitlin, attorneys).

Messrs. Shanley & Fisher filed a brief amicus curiae (Mr. Richard E. Brennan, on the brief).

Before Judges LABRECQUE, KOLOVSKY and MATTHEWS.

PER CURIAM.

We affirm, essentially for the reasons set forth in Judge Tumulty's reported opinion, 117 N.J.Super. 268, his conclusion that there was nothing in the proofs before him on defendant's motion for summary judgment to justify holding defendant city vicariously liable for the conduct of one of its police officials whose gun fired and injured plaintiff while the officer was committing an armed robbery or extortion of...

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