KAHN v. WERBEL


4 N.J. Super. 184 (1949)

66 A.2d 559

DOROTHY KAHN AND BEN KAHN, PLAINTIFFS-APPELLANTS, v. SIDNEY K. WERBEL, MORTON WERBEL, SAMUEL WERBEL, LEO E. LEICHTER, INDIVIDUALLY AND AS TRUSTEES, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1949.


Attorney(s) appearing for the Case

Mr. Harry Cohn argued the cause for the plaintiffs-appellants.

Mr. Thomas L. Morrissey (Messrs. Carpenter, Gilmour & Dwyer, attorneys) argued the cause for the defendants-respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

Plaintiffs, tenants in an apartment house located in Newark, New Jersey, instituted their action against the defendants, as owners thereof, to recover for injuries resulting from alleged negligence in the maintenance of the common hallway at the entrance to their apartment. The defendants denied the allegation of negligence and asserted that the plaintiffs had assumed the risk resulting from

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