Selph v. Town of Morristown

Lawrence, S. C. C.

Defendant moves to strike the complaint filed in this suit on the ground that it is sham. On the argument, however, it developed that the real question is whether defendant, a municipal corporation, can in any circumstance, in view of the enactment of chapter 460 of the laws of 1933 (Pamph. L., p. 1550; N. J. Stat. Annual 1934, § *136-1829B), he held liable for the negligence of its officers, agents or employes, even though a cause of action stated by the person injured charges active wrongdoing on their part in that respect as the producing cause of the injury, for which…