Wytupeck v. City of Camden

The opinion of the court was delivered by

Heher, J.

There was judgment for the plaintiffs on a jury verdict rendered in the Law Division of the Superior Court in this action for negligence in the condition and use of the defendant city’s lands; and the case is here by our certification of the city’s appeal to the Appellate Division of the Superior Court.

The basic question raised concerns the sufficiency of the evidence to sustain the finding of a breach of “duty owing” by the city to the infant plaintiff in these circumstances:

The mishap befell the infant May 15, 1954, on the city’s lands…