Fahey v. City of Jersey City

The opinion of the court was delivered by

Schettino, J.

These two cases have been consolidated as each involves the question of municipal immunity from tort actions arising out of the construction and maintenance of public playgrounds and recreational facilities. They present similar factual patterns and legal issues.

On August 28, 1964, infant plaintiff in A-43, John Fahey, then 11 years of age, was playing in the playground area of a public park owned and maintained by defendant Jersey City. While walking across the balancing baT of a seesaw, the youth fell, sustaining injuries for .which suit…