Callan v. City of Passaic

The opinion of the court was delivered by

Heteield, J.

This is an appeal from a judgment of the Passaic County Circuit Court, for one thousand ($1,000) dollars, entered upon a verdict for the plaintiff below, who brought the action as administrator ad prosequendum of James Callan, deceased, against the city of Passaic. The facts, which are not disputed to any extent, show that the plaintiff’s intestate, a young boy seven years of age, was drowned in a catch-basin, constructed and maintained by the defendant, for the reception of storm water. It was located at the curb line on the northerly side…