MUNICIPAL CORPORATIONS-TORT LIABILITY OF MUNICIPALITY FOR INJURY CAUSED BY NEGLECT TO PERFORM MANDATORY DUTY

Authors

J. S, Ransmeier S.Ed., University of Michigan Law SchoolFollow

Abstract

By statute the State of New Jersey imposed upon every New Jersey municipality the obligation to insure the drivers of municipal motor vehicles against liability for damages resulting from the operation of such vehicles. The Township of Lyndhurst neglected to procure insurance in favor of plaintiff, and a personal judgment was recovered against him for his negligent operation of a township fire truck while in pursuance of his municipal duties. Plaintiff brought the present action to recover from the municipality for its breach of the statutory obligation. Judgment below was for defendant. On appeal, held, affirmed, three justices dissenting. The mandatory power to insure its drivers imposed a governmental duty upon the municipality. Absent express provision for a private right of action for breach of such a duty, the remedy must be by way of indictment rather than by private civil action. Osback v. Lyndhurst Township, (N.J. 1951) 81 A. (2d) 721.

Recommended Citation

J. S. Ransmeier S.Ed., MUNICIPAL CORPORATIONS-TORT LIABILITY OF MUNICIPALITY FOR INJURY CAUSED BY NEGLECT TO PERFORM MANDATORY DUTY, 50 Mich. L. Rev. 477 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss3/15