Younkers v. County of Ocean

The opinion of the court was delivered by

Colie, J.

The appellant, County of Ocean, appeals from a judgment entered against it at the Ocean County Circuit of the Supreme Court. The co-defendant, Richard Burton, against whom judgment also went, does not appeal. The grounds of appeal are error in denying a motion for nonsuit and for a direction of verdict in favor of the County of Ocean.

The defendant, County of Ocean, was not, under the facts hereinafter stated, engaged in the performance of a governmental function and therefore liability could be imposed upon it for the negligent operation of…