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CLOYES v. DELAWARE TP.

23 N.J. 324 (1957)

129 A.2d 1

PHILIP W. CLOYES, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF PHILIP COLIN CLOYES, DECEASED, PLAINTIFF-RESPONDENT, v. THE TOWNSHIP OF DELAWARE, A MUNICIPAL CORPORATION OF THE COUNTY OF CAMDEN AND STATE OF NEW JERSEY, CHRISTIAN M. WEBER, THOMAS WALTON AND SAMUEL McGILL, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided February 4, 1957.

Attorney(s) appearing for the Case

Mr. Warren C. Douglas argued the cause for defendants-appellants (Mr. Warren C. Douglas, attorney for defendant-appellant Samuel McGill; Mr. John E. Yeomans, attorney for defendants-appellants, the Township of Delaware, Christian M. Weber and Thomas Walton; Mr. Warren C. Douglas, of counsel).

Mr. Thomas M. Farr argued the cause for plaintiff-respondent (Messrs. Norcross and Farr, attorneys; Mr. Thomas M. Farr, of counsel).

The opinion of the court was delivered by WEINTRAUB, J.

This is a death action (N.J.S. 2A:31-1 et seq.) arising out of the drowning of a three year old boy in an open sedimentation tank of the sewage disposal plant of the defendant municipality. The individual defendants are officials of the township who were charged with negligence, apparently in failing to act despite knowledge of the claimed danger.

The jury found for defendants. Upon...

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