Supreme Court of New Jersey

B. W. King, Inc., a New York Corporation, Plaintiff-Respondent v. the Town of West New York, a Municipal…

May 22, 196749 N.J. 318

Summary

The New Jersey Supreme Court held that a municipality owning land solely for tax collection purposes is subject to the same duty of reasonable care as a private landowner, and therefore municipal immunity does not bar liability for fire damage. The Court reversed the Appellate Division’s reinstatement of the jury verdict and remanded for a new trial because the record lacked evidence on essential negligence elements.