Emeline Taylor, Plaintiff-Appellant v. New Jersey Highway Authority, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the dismissal of Emeline Taylor's negligence claim, holding that the New Jersey Highway Authority had legal possession and control of the common stairway at the time of her fall and therefore owed a duty of reasonable care to her as a lawful guest. The Court also found that the Authority's statutory immunity was waived, allowing the suit to proceed, and declined to grant summary judgment on contributory negligence, leaving that issue to the jury.