Van Valkenburgh v. Borough of Bergenfield

The opinion of the court was delivered by

Garrison, J.

This is a demurrer by the borough of Bergenfield to a declaration in which the borough is impleaded as a defendant with three individuals. The only charges in the declaration that in any way affect the borough are contained in two counts, the other counts being aimed solely at the individual defendants. In the first of the two counts referred to the borough is charged with negligence in permitting certain holes to be made in a public street of the borough and with permitting said holes to remain with knowledge of their existence; the other…