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CLOYES v. DELAWARE TP.

41 N.J. Super. 27 (1956)

124 A.2d 37

PHILIP W. CLOYES, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF PHILIP COLIN CLOYES, DECEASED, PLAINTIFF-APPELLANT, 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-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1956.

Attorney(s) appearing for the Case

Mr. Thomas M. Farr argued the cause for the plaintiff-appellant (Messrs. Norcross and Farr, attorneys).

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

Before Judges GOLDMANN, FREUND and CONFORD.

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

The plaintiff, Philip W. Cloyes, is the father of the decedent, Philip Colin Cloyes, and sues under the Death Act, N.J.S. 2A:31-1 et seq., as administrator ad prosequendum of his estate. The Cloyes family moved to the defendant Township of Delaware in 1953. Their home abutted the land where the township had constructed and maintained...

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