Clarisse Milstrey and Arnold Milstrey, Plaintiffs-Respondents v. City of Hackensack and Lester K. Fishbough…

Summary

The Supreme Court of New Jersey affirmed the judgment for the plaintiffs, holding that the City of Hackensack was liable for a public nuisance created by its active misfeasance in repairing a sidewalk with unsuitable blacktop, and that the city engineer was personally liable as the municipality's agent. The Court also held that the trial court gave proper jury instructions on the pedestrian's duty of ordinary care and did not err in refusing the plaintiff's requested contributory‑negligence instruction. Justice Oliphant dissented, arguing that no active wrongdoing was proved and that both the municipality and its officer should be immune.