Spencer v. Board of Chosen Freeholders

The opinion of the court was delivered by

Hendrickson, J.

This, writ is brought to test the validity of a nonsuit granted at the Hudson Circuit.

The action was for personal injuries suffered by falling into an opening in a bridge or culvert. The alleged liability of the defendant was based on its neglect to repair a washout in a culvert which it had erected some years before in the town of Kearny, at the northerly end of John street. This culvert was erected across Kearny’s brook, a dividing line between the lands of the Kearny estate and the Williams’ property. The Williams’ land lay south of…