Carter v. Mayor of Rahway

The opinion of the court was delivered by

Magie, J.

The declaration demurred to is grounded upon the neglect of the city of Rahway to keep in repair a public highway in that city, by which want of repair the plaintiff in error was injured.

The Supreme Court applied the well-settled doctrine that a municipality is not subject to such an action unless the liability has been imposed by statute, and held that section 20 *197of the supplement to the Road act of March 23d, Í859 (Rev., p. 1014), which purports to give an action against a township to any person damaged by means of the insufficiency or want…