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TAVERNA v. HOBOKEN

43 N.J. Super. 160 (1956)

128 A.2d 11

CHARLES TAVERNA, PLAINTIFF-APPELLANT, v. CITY OF HOBOKEN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1956.

Attorney(s) appearing for the Case

Mr. Bernard Chazen argued the cause for the appellant (Messrs. Baker, Garber & Chazen, attorneys; Mr. Nathan Baker, of counsel).

Mr. E. Norman Wilson argued the cause for respondent City of Hoboken (Mr. Robert F. McAlevy, Jr., City Attorney).

Before Judges CLAPP, JAYNE and FRANCIS.

The opinion of the court was delivered by FRANCIS, J.A.D.

Plaintiff's negligence action against the City of Hoboken was dismissed at the close of his case for failure to introduce any evidence from which an inference of active wrongdoing could be drawn.

An undisclosed number of years ago, the city constructed a sewer system and has since maintained it. In connection therewith, over 20 years ago a manhole was cut in the public sidewalk on the west side of Clinton...

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