Casey v. Township of Bridgewater

7 Citing cases

  1. Chatman v. Hall

    128 N.J. 394 (N.J. 1992)   Cited 52 times
    Holding that regular state statutes of limitations, not notice requirement of N.J.S.A. 59:8-8, govern actions against state employees

    Further, with respect to the performance of governmental functions recovery was allowed on a showing of negligence if the injury arose from the creation of a private nuisance threatening a specific person or groups of persons. See, e.g., Casey v. Bridgewater Township, 107 N.J.L. 163, 151 A. 603 (E. A. 1930); Pray v. Mayor of Jersey City, 32 N.J.L. 394, 396 (Sup.Ct. 1868). But if a public nuisance, such as a ditch in a public road, threatened the public in general, liability required active wrongdoing.

  2. Schwartz v. Stockton

    32 N.J. 141 (N.J. 1960)   Cited 35 times
    Holding volunteer fire companies are public entities for purposes of tort liability

    Martin v. Asbury Park, 111 N.J.L. 364 ( E. A. 1933); Olesiewicz v. Camden, 100 N.J.L. 336 ( E. A. 1924). If the function was determined to be governmental, active wrongdoing had to be found, else there was no cause of action. Casey v. Township of Bridgewater, 107 N.J.L. 163 ( E. A. 1930). The rub had come in deciding what was governmental and what proprietary and what amounted to active wrongdoing. See Weintraub and Conford, "Tort Liability of Municipalities in NewJersey," 3 Mercer Beasley L. Rev. 142 (1934).

  3. Milstrey v. Hackensack

    79 A.2d 37 (N.J. 1951)   Cited 58 times
    In Milstrey v. Hackensack, 6 N.J. 400 (1951), plaintiff was permitted to recover because of a broken and depressed municipal sidewalk; in McAndrew v. Mularchuk, 33 N.J. 172 (1960), recovery was had for shooting by an inadequately trained reserve policeman.

    The act sued upon in the instant case was in connection with the maintenance of traffic lights, and with the repair of roads, and, so, was a governmental operation. Vickers v. Camden, 122 N.J.L. 14 ( E. A. 1938); Casey v. Bridgewater Township, 107 N.J.L. 163 ( E. A. 1930). That broad common law immunity has been modified in this State to the extent that although a municipal corporation charged with performance of a public duty is not, in its governmental functions, liable to an individual for neglect to perform or for negligence in performance whereby an indictment would lie, nevertheless, where the municipal corporation had been guilty of active wrongdoing, as distinguished from mere negligence, the corporation should not be immune from liability for private injury. That principle was applied in such cases as Hart v.Freeholders of Union, supra; Kehoe v. Rutherford, 74 N.J.L. 659 ( E. A. 1907); Ennever v. Bergenfield, 105 N.J.L. 419 ( E. A. 1928), and Allas v. Rumson, 115 N.J.L. 593 ( E. A. 1935).

  4. Clark v. Austin

    340 Mo. 467 (Mo. 1937)   Cited 100 times
    In Clark v. Austin, 101 S.W.2d at 982, this Court held that lay railroad employees could not represent persons before the Public Service Commission.

    Therefore, it is unlawful for an agent or employee of a corporation, who is not a duly licensed attorney, to practice law or to appear in court representing or on behalf of a corporation. Sec. 11693, R.S. 1929; State ex inf. Miller v. St. Louis Union Tr. Co., 74 S.W.2d 348; Mullin-Johnson Co. v. Penn. Mut. Life Ins. Co., 9 F. Supp. 175; New Jersey Photo Engraving Co. v. Shonert Sons, 95 N.Y. Eq. 12, 122 A. 307; Black White Operating Co. v. Grosbart, 107 N.J.L. 163, 151 473 A. 630; Cary Co. v. Satterlee Co., 166 Minn. 507, 208 N.W. 408; In re Co-operative Law Co., 198 N.Y. 479, 92 N.E. 15, 32 L.R.A. (N.S.) 55; Authorities under Point (1). E.C. Curfman and A.F. Harvey for respondent.

  5. Martin v. Asbury Park

    168 A. 612 (N.J. 1933)   Cited 18 times
    In Martin v. City of Asbury Park, 111 N.J.L. 364, 168 A. 612, (E. A. 1933), opinion by Chancellor Campbell, the City was held as a proprietor in its leasing of a bath house and bathing establishment, and answerable in negligence; and in the subsequent case of Martin v. Asbury Park, 114 N.J.L. 298, 176 A. 172, (E. A. 1935), a supplementary proceeding where satisfaction of the judgment obtained in the foregoing case was sought, by execution against the leased bath house, and was denied.

    4. Finally under this point it is urged that the appellant, city, is not liable, because, being a municipal corporation, the enterprise was a governmental function. Hereunder, and in support of this legal proposition, are cited Tomlin v. Hildreth, 65 N.J.L. 438; Olesiewicz v. Camden, 100 Id. 336; Johnson v. Wildwood, 102 Id. 606, and Casey v. Bridgewater, 107 Id. 163. Again we are compelled to say that the appellant fails to present the dominant and controlling principle applicable.

  6. Weeks v. Newark

    62 N.J. Super. 166 (App. Div. 1960)   Cited 21 times
    Comparing the logic of immunities doctrine to rules "governing French irregular verbs"

    If the function was determined to be governmental, active wrongdoing had to be found, else there was no cause of action. Casey v. Township of Bridgewater, 107 N.J.L. 163 ( E. A. 1930). The rub had come in deciding what was governmental and what proprietary and what amounted to active wrongdoing.

  7. Kelley v. Curtiss

    29 N.J. Super. 291 (App. Div. 1954)   Cited 30 times
    In Kelley v. Curtiss, 29 N.J. Super. 291 (App. Div. 1954), a showing of direction or participation by the municipality was, after thorough consideration of the authorities, held necessary to hold in the municipality for the negligent active wrongdoing of a police officer (leaving a horse unattended, the plaintiff sustaining a kick).

    Other cases which rely upon the Kiernan case have to do with nuisances or wrongs arising from a use of real property, or of a building thereon or sewers which may be said to be a part thereof. Waters v. Newark, 56 N.J.L. 361 ( Sup. Ct. 1894), affirmed 57 N.J.L. 456 ( E. A. 1894); Hart v. Board of Freeholders of Union, 57 N.J.L. 90 ( Sup. Ct. 1894); Murphy v. Borough of Atlantic Highlands, 77 N.J.L. 452 ( Sup. Ct. 1909); Bisbing v. Asbury Park, 80 N.J.L. 416 ( E. A. 1910); Caruso v. Town of Montclair, 88 N.J.L. 405 ( Sup. Ct. 1916), affirmed 90 N.J.L. 255 ( E. A. 1917); Buckalew v. Board of Chosen Freeholders of Middlesex, 91 N.J.L. 517 ( E. A. 1918); Johnson v. Board of Ed., Wildwood, 102 N.J.L. 606, 611 ( E. A. 1926); Allas v. Rumson, 115 N.J.L. 593 ( E. A. 1935), supra; Bengivenga v. Plainfield, 128 N.J.L. 418 ( E. A. 1942); cf. Casey v. Bridgewater Twp., 107 N.J.L. 163 ( E. A. 1930). At any event, any endeavor to apply the Kiernan doctrine to a matter of negligence, as distinguished from one of nuisance, can hardly be sustained at this day.