Schwartz v. Borough of Stockton

The opinion of the court was delivered by

Hall, J.

The pivotal question in this case is whether defendant is immune from liability for plaintiffs’ claim for personal injuries and derivative damages, arising from a fall by Mrs. Schwartz in a particular part of the borough hall, by reason of R. S. 40:9-2:

“No municipality or county shall be liable for injury to the person from the use of any public grounds, buildings or structures, any law to the contrary notwithstanding.”

The Law Division held that it is, granting defendant’s motion for involuntary dismissal at the end of plaintiffs’ case. Their…