Livermore v. Board of Chosen Freeholders
Supreme Court of New Jersey
In case. The declaration in this case stated that a mill-dam, of which the plaintiffs were the owners, had been erected, in connection with a bridge over the race and flood-gates; that afterwards a public road was laid over this dam across the said race and flood-gates, whereby it became the duty of the defendants, by force of the statute, to maintain said bridge, which they neglected to do, and in consequence thereof the bridge fell down and injured the dam and gates so…
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In case. The declaration in this case stated that a mill-dam, of which the plaintiffs were the owners, had been erected, in connection with a bridge over the race and flood-gates; that afterwards a public road was laid over this dam across the said race and flood-gates, whereby it became the duty of the defendants, by force of the statute, to maintain said bridge, which they neglected to do, and in consequence thereof the bridge fell down and injured the dam and gates so that the water escaped, Ac. The case came before the Supreme Court on a demurrer to this declaration. See case reported, 5…
1Opinion of the Court
Beasley, Chief Justice.
That an action will not lie pm behalf of an individual who has sustained special damage by reason of the neglect of a public corporation to perform a public duty, I consider the settled law of this state. This-was the doctrine approved of by the Supreme Court, after much research, and a careful consideration of the authorities-in the case of Strader v. The Board of Freeholder's of Sussex, 3 Harr. 108, and the same- principle was reaffirmed in the case of Cooley v. Freeholders of Essex, 3 Dutcher 415. These decisions, in my judgment, rest upon the solid foundations of…
2Cited by4 opinions
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- Braun v. Township of MantuaNew Jersey Superior Court Appellate Division · 1993
- Milstrey v. City of HackensackSupreme Court of New Jersey · 1951
- Boyle v. Hudson CountyNew Jersey Superior Court Appellate Division · 1951