Legal Opinion

Waters v. Mayor of Newark

Supreme Court of New Jersey

Decided February 15, 1894PublishedCited by 10 opinions

On ease certified. This case was tried by the court below without a jury. The plaintiff offered evidence tending to show the following facts: The -plaintiff, in the year 1875, was the owner of property on the corner of Kinney and Halsey streets, in the city of Newark. A sewer, built by the defendant, ran through Kinney street, passed the plaintiff’s property and terminated at tide water.

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On ease certified. This case was tried by the court below without a jury. The plaintiff offered evidence tending to show the following facts: The -plaintiff, in the year 1875, was the owner of property on the corner of Kinney and Halsey streets, in the city of Newark. A sewer, built by the defendant, ran through Kinney street, passed the plaintiff’s property and terminated at tide water. There was a manhole in the street at the intersection of Kinney and Halsey streets; opposite plaintiff’s property, and also a sewer basin at each of the four corners of the two-streets. The sewer drained a…

1Opinion of the Court

The opinion of the court was delivered by

Garrison, J.

The courts of this state have said in conclusive form that the neglect of a municipal corporation to perform or its negligence in the performance of a public duty imposed on it by law, is a public wrong to be remedied by indictment, and cannot constitute the basis of a civil action by an individual who has suffered particular damage by reason of such neglect. Strader v. Sussex, 3 Harr. 108 ; Cooley v. Essex, 3 Dutcher 415; Livermore v. Camden, 5 Id. 245; Callahan v. Morris, 1 Vroom 161; Livermore v. Camden, 2 Id. 507; Pray v. Jersey City, 3…

2Cited by10 opinions

  1. Hart v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1894
  2. Olesiewicz v. City of CamdenSupreme Court of New Jersey · 1924
  3. Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
  4. Cloyes v. Delaware Tp.New Jersey Superior Court Appellate Division · 1956
  5. Harrington v. Township of WoodbridgeSupreme Court of New Jersey · 1903

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