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 against the City of Hackensack and its public works director, holding that the municipality was liable for a public nuisance caused by its own active misfeasance in repairing a sidewalk with unsuitable material, and that the public officer was also liable as the municipality's agent. The Court also held that the trial court erred in refusing to charge the plaintiff with the proper duty of ordinary care, but affirmed the judgment despite that error. Justice Case, dissenting, argued that the municipality and its officer should be immune from liability absent a statutory basis and that the plaintiff had not proved active wrongdoing.