WALL v. HUDSON COUNTY PARK COMMISSION


80 N.J. Super. 372 (1963)

193 A.2d 857

EUGENE M. WALL, GUARDIAN AD LITEM OF DANIEL WALL, AN INFANT, AND EUGENE M. WALL, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. THE HUDSON COUNTY PARK COMMISSION, A BODY POLITIC, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 17, 1963.


Attorney(s) appearing for the Case

Mr. Robert E. Tarleton argued the cause for appellant (Messrs. Beggans & Keale, attorneys; Mr. James P. Beggans, of counsel; Mr. Tarleton, on the brief).

Mr. John J. Bracken argued the cause for respondents (Messrs. Bracken & Walsh, attorneys; Mr. Bracken, of counsel).

Before Judges SULLIVAN, LEWIS and LABRECQUE.


LABRECQUE, J.S.C. (temporarily assigned).

This court granted leave to appeal from an order of the Law Division denying the motion of defendant Hudson County Park Commission for summary judgment. The question involved is whether R.S. 40:9-2 affords immunity to defendant commission for injuries sustained by the infant plaintiff from a fire which had been ignited on defendant's property by one of its employees for the purpose of burning refuse thereon.

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