William F. McAndrew

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's order for a new trial, holding that a municipality may be liable under the doctrine of respondeat superior for the negligent acts of a reserve patrolman who was authorized to carry an untrained firearm. The Court overruled its prior limitation that liability required the tortfeasor to be a high‑ranking official, extending municipal liability to all agents acting within the scope of their duties. The decision also noted that the borough’s failure to train the officer constituted active wrongdoing attributable to the municipality. Justice Burling filed a brief concurrence agreeing with the result.