Case law

Kennedy v. City of Newark

29 N.J. 178 · Supreme Court of New Jersey · Feb 16, 1959

The court can intervene only when unreasonableness is clearly established. Plaintiffs have not met that burden. *186 II. … The legislative history quite clearly indicates that with respect to the local service, N. J. S.

McCarter v. Hudson County Water Co.

70 N.J. Eq. 695 · Supreme Court of New Jersey · Nov 19, 1906

The appellant cites article 4, section 2 of the federal constitution, that “the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” … But in view of the transient and flowing nature of water, the landowner’s property therein is not absolute, but qualified.

State v. City of Hudson

34 N.J.L. 25 · Supreme Court of New Jersey · Nov 15, 1869

Hudson City, 3 Vroom 365 ,) yet it, together with the fact that an appeal is provided by the forty-fifth section, — -in case of dissatisfaction, may be reviewed by other commissioners,— clearly indicate an ini cut ion against … land is allowed, which would reduce the amount to be paid by such owners for benefits less than that the prosecutor will have to pay, yet that results necessarily irom the effect of his dedication, but does not give him immunity

State v. Villar

150 N.J. 503 · Supreme Court of New Jersey · Jul 17, 1997

A jury is not qualified to say without guidance which purposes for possessing a weapon are unlawful and which are not. … The State argues that this interpretation will, in effect, grant immunity to criminals who employ weapons in the commission of assaults.

Watson v. United States Rubber Co.

24 N.J. 598 · Supreme Court of New Jersey · Jun 24, 1957

of a fund “for the benefit of persons unemployed after qualifying periods of employment.” … The facts in the instant matter clearly disclose that Mr. Watson was unemployed within the terms of R. S. 43 :21-19, was able to work, available for work and actively seeking work within R.

Public Service Gas Co. v. Board of Public Utility Commissioners

84 N.J.L. 463 · Supreme Court of New Jersey · Jun 7, 1913

In the latter case all that section 38 requires is that it should clearly appear that the order was without the jurisdiction of the board. … Such franchises, however, are property of a peculiar kind; the right of property in them is not absolute, but is qualified by the right of the state to fix reasonable rates.

Levin v. Cosgrove

75 N.J.L. 344 · Supreme Court of New Jersey · Nov 11, 1907

The “statements” here referred to are clearly those that are contained in the application for membership mentioned in the earlier part of the same section. … The inability to qualify as a member is a failure to measure up to the standard of membership established by the constitution.

State v. Dunphy

24 N.J. 10 · Supreme Court of New Jersey · Apr 1, 1957

The original indictment was in two counts, the second count making the same charges with respect to certain other alleged bookmaking establishments in the city. … R. 1:5-1 (a) the conviction should be set aside when it clearly and convincingly appears that the verdict was the result of mistake, partiality, prejudice or passion.

Private Truck Council of America, Inc. v. State

111 N.J. 214 · Supreme Court of New Jersey · Jun 30, 1988

Since this case has gone off on a broadsided attack of the statute presumably because of its label, we simply have no record whatsoever in the case to establish such effects. … We are limited to invalidating taxes that clearly offend the Constitution.

Independent Warehouses, Inc. v. Scheele

134 N.J.L. 133 · Supreme Court of New Jersey · Jan 31, 1946

There is no suggestion of a legislative purpose to render the storage and warehouse business immune from the tax for revenue and regulation permissible under the cited licensing statute. … If the local legislative action is not clearly unreasonable or unduly oppressive or discriminatory, its policy is not a justiciable question. The Great Atlantic and Pacific Tea Co., Inc., v. Camden, 122 N. J.

State v. Parolin

171 N.J. 223 · Supreme Court of New Jersey · Mar 27, 2002

That testimony, in our view, clearly establishes that defendant committed a violent crime within the meaning of NERA. B. Next, we consider whether NERA is applicable to this case. … The facts he supplied at his plea hearing clearly warrant punishment but fall far short of establishing him as a member of the class of offenders NERA was enacted to harness.

Tinsman v. Belvidere Delaware Railroad

26 N.J.L. 148 · Supreme Court of New Jersey · Feb 15, 1857

It rests upon no grant of sovereign immunity, but extends to individuals as well as to agents of government. … This is clearly the American doctrine, though a different classification appears to be adopted in England. . Grant, on Corp. 9.

Emilio v. PNC Bank, N.A.

149 N.J. 591 · Supreme Court of New Jersey · Jun 27, 1997

Adair’s executors elected to qualify that trust as a “qualified terminable interest property” (QTIP) under I.R.C. § 2056(b)(7). That election deferred the tax on the trust until Mrs. Adair’s death. Mrs. … Section 2056(b)(7)(B)(i) of the Code defines “qualified interest trust property” as property 1) passing from a decedent to a surviving spouse, 2) in which the surviving spouse has a qualified interest for life, and 3) for

Lesniak v. Budzash

133 N.J. 1 · Supreme Court of New Jersey · Jul 7, 1993

N.J.S.A. 19:23-45 sets forth the ways that a voter establishes membership in a political party. … Furthermore, an analysis of the procedures involved in the filings of a party-declaration statement and a nominating petition demonstrates clearly that the Legislature did not intend that a nominating petition serve the other's

Columbia Fire Insurance v. Kinyon

37 N.J.L. 33 · Supreme Court of New Jersey · Feb 15, 1874

This object is accomplished by prescribing the conditions upon which they may effect insurances through agencies established here. … Corporations are artificial beings, the creatures of positive law, and not citizens within the meaning of that clause of the federal constitution, which secures to the citizens of each state “ like privileges and immunities

Laba v. Newark Board of Education

23 N.J. 364 · Supreme Court of New Jersey · Feb 4, 1957

supra, no private institution of learning would hesitate to proceed expeditiously and reasonably against a teacher who refused to answer pertinent questions during the course of a fitness inquiry and the public interest clearly … member of his constitutional *394 privilege before a Congressional committee does not constitute an admission of guilt or justify automatic dismissal, it does call for a full and conscientious inquiry as to whether he is qualified

State v. Ross

24 N.J.L. 497 · Supreme Court of New Jersey · Jun 15, 1854

with certain modifications, but chiefly such as became necessary, by reason of the change of the state government, was ratified and confirmed to the trustees and their successors, with all the advantages, privileges and immunities … The providing of these dwelling houses was clearly within the scope of the authority given by the charter, and they are to be taken as a part of the college, and together with the lands whereon they are erected, must be considered

Board of Directors of Ajax Electrothermic Corp. v. First National Bank

33 N.J. 456 · Supreme Court of New Jersey · Nov 21, 1960

Clearly this is not so. … Clearly, the refusal to accept cannot be a prerequisite to qualification for trust benefits.

State v. Ravenell

43 N.J. 171 · Supreme Court of New Jersey · Jul 31, 1964

Hoppe of the New Jersey State Police was qualified as an expert and testified that the four bullets removed from the bodies of the victims came from the same weapon. … Brady was eminently qualified as a chemist and toxicologist and Sergeant Hoppe had considerable training and experience in the field of firearms identification.

Puckrein v. ATI Transport, Inc.

186 N.J. 563 · Supreme Court of New Jersey · May 22, 2006

The immunity of the principal who hires an independent contractor rests on the distinction between such a contractor and an employee. … In Mavrikidis, a majority of this Court ruled in favor of immunizing Clar Pine. Id. at 148, 707 A.2d 977 .