Carter v. Mayor of Rahway

The opinion of the court was delivered by

Beasley, Chief Justice.

The declaration in this case sets out, in substance, that the plaintiff sustained a personal injury by reason of one of the streets of the city of Rahway being in an unsafe condition. The negligence of the defendant in the performance of a public duty is the essential quality of the right of action.

*178It has been settled by a long train of decisions in this state that such an action is not maintainable except in cases in which the right can be vindicated by statutory authority. A right of this kind is provided by the twentieth…