Supreme Court of New Jersey

Philip W. Cloyes

February 4, 195723 N.J. 324

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's reversal of the trial court, holding that the township's sewage disposal operation is a proprietary function and therefore not protected by municipal immunity. The Court also held that the jury instruction allowing consideration of the father's failure to confine the child was erroneous. The decision leaves unresolved the question of liability for mere inaction by municipal officials.