Cloyes v. Township of Delaware

The opinion of the court was delivered by

Weintraub, J.

This is a death action (N. J. S. 2A :31-1_ et seq.) arising out of the drowning of a three year old boy in an open sedimentation tank of the sewage disposal plant of the defendant municipality. The individual defendants are officials of the township who were charged with negligence, apparently in failing to act despite knowledge of the claimed danger.

The jury found for defendants. Upon plaintiff’s appeal, the Appellate Division reversed and directed a new trial. The judges of the Appellate Division agreed there was error in the charge to…