Valentine v. City of Englewood
Supreme Court of New Jersey
On error to the Supreme Court. The declaration contains counts in trespass quare clausum fregit, for false imprisonment, and for libel.
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On error to the Supreme Court. The declaration contains counts in trespass quare clausum fregit, for false imprisonment, and for libel. The defendants plead in justification that there were thirty cases of scarlet fever in the city of Englewood, and that the board of health had reasonable and probable cause to believe that the plaintiffs daughter was ill of the disease, and thereupon caused the plaintiff to be notified that they had declared his house quarantined, and that he had the option to place his child and her attendant in strict quarantine in a separate room, and to have the contents…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
We find it convenient to deal first with the liability of the city of Englewood.
The precise question involved is new in this court. In Kehoe v. Rutherford, 45 Vroom 659, there was active wrongdoing by the municipal authorities in collecting surface water and discharging it so that it injured the plaintiff’s land, but that act was the act of the corporation itself for a special corporate purpose. A distinction is made in the cases in other jurisdictions between such acts and acts done in performance of a governmental function in execution of…
2Cases cited29 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- United States v. CruikshankSupreme Court of the United States · 1876
- Spalding v. VilasSupreme Court of the United States · 1896
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Kendall v. StokesSupreme Court of the United States · 1845
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3Cited by20 opinions
- Hartman v. City of BrigantineNew Jersey Superior Court Appellate Division · 1956
- O'Regan v. SchermerhornSupreme Court of New Jersey · 1946
- Roerig v. HoughtonSupreme Court of Minnesota · 1919
- Sadlock v. Board of Education of CarlstadtSupreme Court of New Jersey · 1948
- Visidor Corp. v. Borough of Cliffside ParkSupreme Court of New Jersey · 1966
15 more not listed; retrieve them via the Exa API.