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BALINSKI v. A. CAPONE & SONS

1 N.J. Super. 215 (1949)

63 A.2d 810

WLADYSLAW BALINSKI, PLAINTIFF-RESPONDENT, v. A. CAPONE & SONS, INC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 4, 1949.

Attorney(s) appearing for the Case

Mr. John W. Ockford argued the cause for defendant-appellant (Mr. Mario M. Polcari, attorney).

Mr. Abraham J. Slurzberg argued the cause for plaintiff-respondent (Mr. Maurice M. Krivit, attorney).

Before Judges McGEEHAN, DONGES and COLIE.

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

Plaintiff instituted suit against the defendant to recover damages to the house owned by plaintiff and his wife as tenants by the entirety. The complaint was grounded on negligence and the evidence adduced by plaintiff sought to establish that the defendant had deviated from "standard blasting methods." Motions for nonsuit and the direction of a verdict for defendant were denied and the cause submitted to the...

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