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MAGRO v. CITY OF VINELAND

148 N.J. Super. 34 (1977)

371 A.2d 815

SUSAN MAGRO ET AL., PLAINTIFFS-APPELLANTS, v. CITY OF VINELAND, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1977.

Attorney(s) appearing for the Case

Messrs. Lipman, Antonelli, Batt & Dunlap, attorneys for appellants (Mr. Gerald J. Batt, on the brief).

Messrs. Horn, Weinstein & Kaplan, attorneys for respondent.

Before Judges CARTON, KOLE and LARNER.

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

The infant plaintiff, 14 years of age, was injured on July 22, 1970 while diving from a makeshift diving board into an abandoned pond or lake owned by the City of Vineland. The lake had been formed by the natural seepage of water into a "sandwash" and was acquired by the municipality with other land for ultimate development as a park.1

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