Tyrell v. Burke

The opinion of the court was delivered by

Lloyd, J.

The basis of the appeal rests on the fundamental proposition that "the members of a public board, acting in the performance of a public duty, and under a public statute, are not personally liable in a civil action for damages arising out of their acts, provided that what they do is done in good faith.” That such is the law of this state, regardless of what it may be in other jurisdictions, is clear from the cases of Valentine v. Englewood, 76 N. J. L. 509, in this court, and Johnson v. Marsh, 82 Id. 4, in the Supreme Court.

The first question…