Allas v. Borough of Rumson

The opinion of the court was delivered by

Heher, J.

The nonsuit was erroneous. The general rule is that one who sustains special damage from a common nuisance has an action therefor against the creator of the nuisance, although the latter may also be subject to indictment. But there is a firmly established exception to this rule, grounded in “ancient precedent and public policy,” that, in the absence of statutory provision to the contrary, a municipality is not liable to an individual for its failure to exercise an imperative governmental function, or for the negligence of its officers or…