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SCHWARTZ v. STOCKTON

32 N.J. 141 (1960)

160 A.2d 1

ESTHER SCHWARTZ AND ARTHUR SCHWARTZ, PLAINTIFFS-APPELLANTS, v. BOROUGH OF STOCKTON, A NEW JERSEY MUNICIPAL CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 5, 1960.

Attorney(s) appearing for the Case

Mr. Harry Krieger argued the cause for plaintiffs-appellants.

Mr. Samuel A. Larner argued the cause for defendant-respondent (Messrs. Budd, Larner and Kent, attorneys).

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

The pivotal question in this case is whether defendant is immune from liability for plaintiffs' claim for personal injuries and derivative damages, arising from a fall by Mrs. Schwartz in a particular part of the borough hall, by reason of R.S. 40:9-2:

"No municipality or county shall be liable for injury to the person from the use of any public grounds, buildings or structures, any law to the contrary...

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