Case law

Chambers v. Hunt

22 N.J.L. 552 · Supreme Court of New Jersey · Apr 15, 1849

The affirm *555 ative being on the plaintiff, upon the principle already referred to, it followed that he must prove property in himself, absolute or qualified, to the entire chattels, or what, in reference to this plea, … Whether founded on accurate reasoning or otherwise, it is clearly established for law, that the defendant shall have a return, because, as is the reason given, he had the possession, which was illegally taken from him by

State v. Johnson

42 N.J. 146 · Supreme Court of New Jersey · Apr 20, 1964

The magistrate, in a written opinion, held the result of the drunkometer test properly admissible since the proofs established that the machine and its components were in order, the operator was qualified and the test property … It is, of course, most essential, in view of the heavy impact the result can have, that proper administration of the test be clearly established before the reading is admitted in evidence.

Roman Catholic Diocese of Newark v. Ho-Ho-Kus Borough

47 N.J. 211 · Supreme Court of New Jersey · May 23, 1966

The educational mission of a regional high school is clearly a "special reason" within the meaning of the statute just cited. Andrews v. Ocean Twp. Board of Adjustment, 30 N.J. 245 (1959). … The substantive question seems to me to fall clearly within the following language from the foundation case of Village of Euclid, Ohio v.

Fischer v. Canario

143 N.J. 235 · Supreme Court of New Jersey · Jan 30, 1996

Canario argued that a judgment notwithstanding the verdict should have been entered in his favor because the evidence failed to establish that he had a duty to inform Mrs. … A purely prospective application of the Scafidi damage-apportionment rule would clearly frustrate the purpose of that decision.

Fazilat v. Feldstein

180 N.J. 74 · Supreme Court of New Jersey · May 27, 2004

To hold otherwise would grant heirship immunity to parents of children who are bom out of wedlock and do not establish parentage before reaching age twenty-three. That would terminate many claims before they accrue. … A claim for child support, which would affect the devolution of an estate, is clearly included within that definition.

White v. Township of North Bergen

77 N.J. 538 · Supreme Court of New Jersey · Sep 14, 1978

Abandoning the concept of interspousal immunity for torts arising out of negligent automobile operation in Immer v. Risko, 56 N. … When the time came to recognize the injustice of sovereign immunity in denying relief to persons injured by the State’s negligence, we abandoned that long-established principle in Willis v. Department of Cons. & Econ.

McGovern v. Hope

63 N.J.L. 76 · Supreme Court of New Jersey · Feb 27, 1899

The plaintiff, as it were, had under his own control testimony which would have revealed the truth more clearly than any other that could have been introduced. … Other courts, taking the more enlightened view that the object of a judicial trial is to enable the state to establish and enforce justice between party and party, have held that it is within the power of the trial court,

J.S. v. R.T.H.

155 N.J. 330 · Supreme Court of New Jersey · Jul 29, 1998

Betraying the trust this relationship established, the neighbor, an older man, sexually abused both girls for a period of more than a year. … 109 , 642 A.2d 372 (1994) (determining that it was appropriate to allow unmarried cohabitant to recover against defendant motorist under theory of bystander liability because she represented “an eminently foreseeable but clearly

State v. McDavitt

62 N.J. 36 · Supreme Court of New Jersey · Dec 18, 1972

It must also appear that the examiner is qualified and the test administered in accordance with established polygraph techniques. The record before us shows that the foregoing requirements were substantially satisfied. … Finally, we conclude that the State established a prima facie case of defendant’s guilt. Prank McGinnis un *49 equivocally implicated defendant in the criminal endeavor.

DEPT. OF LABOR AND INDUSTRY OF STATE v. Cruz

45 N.J. 372 · Supreme Court of New Jersey · Jul 8, 1965

A. 34:11-56.1 to 56.11, and particularly statutes declaring the public policy of the State to be the establishment of a prevailing wage scale for workmen engaged in public works in order to protect them and their employers … But when a later expression of the legislative will is so clearly in conflict with an earlier statute relating to the same subject that the two cannot stand together reasonably, the courts have no hesitancy in finding a legislative

Patterson v. Board of Trustees, State Police Retirement System

194 N.J. 29 · Supreme Court of New Jersey · Mar 11, 2008

Essentially, a qualified member who is permanently disabled for any reason will qualify for ordinary disability. … Clearly, that prolonged exposure would not sustain characterization as a traumatic event as we have described it.

General Electric Co. v. City of Passaic

28 N.J. 499 · Supreme Court of New Jersey · Dec 22, 1958

Thus the facts and circumstances in each case must clearly and convincingly establish the right to exemption within the statute granting exemption, otherwise the general rule is invoked which subjects `all property to a just … R.S. 54:4-3.20 makes no reference to a "public" warehouse: "All personal property stored in a warehouse" of one "engaged in the business of storing goods for hire" is rendered immune from taxation.

Application of Strait

120 N.J. 477 · Supreme Court of New Jersey · Aug 2, 1990

The Conference Panel heard the testimony and reports of several highly qualified experts on substance addiction. … Greenfield concluded, from a psychiatric and substance-abuse perspective, that Strait was qualified to practice law.

Allas v. Borough of Rumson

115 N.J.L. 593 · Supreme Court of New Jersey · Oct 9, 1935

But there is a firmly established exception to this rule, grounded in “ancient precedent and public policy,” that, in the absence of statutory provision to the contrary, a municipality is not liable to an individual for its … There is some confusion in the adjudicated cases as to what constitutes active wrongdoing by a municipality, and the line of demarcation is not always clearly maintained.

In Re Kallen

92 N.J. 14 · Supreme Court of New Jersey · Feb 9, 1983

The ALJ noted that the arresting officer was not an expert in the use of the breathalyzer machine, and therefore not qualified to testify on whether the limited amount of air Kallen blew into the device was adequate for testing … The balance of factors clearly supports the fairness of the remand in this case and establishes that the hearing was conducted in conformity with the fundamental fairness principles imposed on administrative agencies. *30

Nobrega v. Edison Glen Associates

167 N.J. 520 · Supreme Court of New Jersey · May 22, 2001

The variety — and in some eases the absence — of textual sources for the non-retroactivity doctrine compelled courts to formulate some qualifying principle for the exercise of judicial review of legislative retroactivity. … the defendants were complying with a lawful order), because in the earlier decision we recognized the “anomalous result” produced by our holding — that the fellow guard members might be held hable while the State remained immune

Bucino v. Malone

12 N.J. 330 · Supreme Court of New Jersey · Apr 30, 1953

These cases, however, are clearly distinguishable. … Such provisions are clearly valid. In Jersey City v. Martin, 127 N. J.

State v. Harvey

151 N.J. 117 · Supreme Court of New Jersey · Jul 30, 1997

The burden to "clearly establish" each of these methods is on the proponent. Williams, supra, 252 N.J. Super. at 376 , 599 A. 2d 960 . … The uncritical admission of this evidence in a capital trial without even remotely establishing its validity is an egregious wrong. E. The burden is on the proponent of evidence clearly to establish its admissibility.

Holder v. Polanski

111 N.J. 344 · Supreme Court of New Jersey · Aug 9, 1988

Nor had she established that it was in the best interests of the children to be away from Polanski. … This clearly was a sufficient explanation to justify her move to Connecticut. The modification precipitates a further adjustment of the Cooper formula.

New Jersey Guild of Hearing Aid Dispensers v. Long

75 N.J. 544 · Supreme Court of New Jersey · Mar 9, 1978

such regulations are “clearly ultra vires on their face,” the party contesting them has the burden of proving their invalidity. … C. 13:35-8.24(k) (4) would qualify for the state-action exemption from the federal antitrust laws. C.