Question
Two city police officers were on duty and allowed automobile drag racing to occur in their presence for a substantial period of time on a
Two city police officers were on duty and allowed automobile drag racing to occur in their presence for a substantial period of time on a street adjacent to the sidewalk on which plaintiff stood. They knew or should have known, in the exercise of due care, that such activity could cause injury. They failed to stop the drag racing knowing that it was a violation of ordinance and statute. They also failed to disperse the people congregating on the public sidewalk. They failed to arrest the participants of the drag races. The plaintiff was seriously injured after being struck by one of the drag racing automobiles while standing on the adjacent sidewalk.
Did the police officers owe a duty to the plaintiff who was seriously injured by their failure to stop the drag racing and arrest the participants, thus preventing this serious personal injury? Why or why not?
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