Legal Opinion · Dissent
Reimann v. Monmouth Consolidated Water Co.
Supreme Court of New Jersey
Decided February 14, 1952Published
1DissentHeher, J.
The’ pleaded liability for mere nonfeasance is not laid upon the defendant water company either by the common law, by statute or by contract. Hall v. Passaic Water Co., 83 N. J. L. 771 (E. & A. 1912); Baum v. Somerville Water Co., 84 N. J. L. 611 (E. & A. 1913). We cannot declare a duty unknown to the common law to accord with our conception of the requirements of justice. That is a legislative function.
The common law of England has a constitutional basis in our jurisprudence. The State Constitution of 1776 provided that “the common law of England, as well as so much of the statute law, as…
2Cases cited9 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Hulett v. CareySupreme Court of Minnesota · 1896
- E. B. & A. C. Whiting Co. v. City of BurlingtonSupreme Court of Vermont · 1934
- McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
- Swentusky v. Prudential Insurance Co. of AmericaSupreme Court of Connecticut · 1933
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