Wild v. Mayor of Paterson
Supreme Court of New Jersey
On demurrer to declaration. The action is in case. The declaration avers that the city of Paterson, under the authority and direction of its charter, maintained a fire department, of which plaintiff was a member, attached to a certain company, which used a steam fire engine; that it was the duty of the city to provide for that engine a brake and to keep it in good order and repair; that by reason of failure on the part of the city to perform this duty, plaintiff, while…
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On demurrer to declaration. The action is in case. The declaration avers that the city of Paterson, under the authority and direction of its charter, maintained a fire department, of which plaintiff was a member, attached to a certain company, which used a steam fire engine; that it was the duty of the city to provide for that engine a brake and to keep it in good order and repair; that by reason of failure on the part of the city to perform this duty, plaintiff, while assisting to haul the engine to a fire was run over and seriously injured. For the injury thus received plaintiff seeks to…
1Opinion of the Court
Vie opinion of the court was delivered by
Magie, J.
It has been settled beyond the possibility of further contention in this state, that municipal corporations are not liable to action for neglect to perform or negligence in performing duties imposed on them by law and due to the public, in behalf of any individual suffering damage by reason of such negligence, unless an action is given by statute. Where the employees or officers of a municipal corporation are negligent in the performance of such duties, the doctrine of respondeat superior will not apply. Livermore v. Board, &c., 2 Vroom 508 ;…
2Cited by15 opinions
- Long v. City of BirminghamSupreme Court of Alabama · 1909
- Saunders v. City of Fort MadisonSupreme Court of Iowa · 1900
- Estelle v. Bd. of Ed., Red BankNew Jersey Superior Court Appellate Division · 1953
- O'Donnell v. Borough of GrotonSupreme Court of Connecticut · 1929
- Howland v. City of AshevilleSupreme Court of North Carolina · 1917
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