Graham v. City of Asbury Park

The opinion of the court was delivered

We affirm for the reasons expressed by Judge Freund in Graham v. Asbury Park, 69 N. J. Super. 256 (App. Div. 1961). Since the parties before us have not raised the issue of mitigation (compare D’Elia v. Jersey City, 57 N. J. Super. 466 (App. Div. 1959) with Miele v. McGuire, 31 N. J. 339 (1960)) we find no present occasion for dealing with it. See Lowenstein v. Newark Bd. of Education, 35 N. J. 94, 124 (1961); McGrath v. Jersey City, 70 N. J. Super. 143, 147 (Law Div. 1961). We do, however, repeat the suggestion made in De Marco v. Bd. of Chosen…