HALLOWAY v. GOLDENBERG


4 N.J. Super. 488 (1949)

67 A.2d 891

BERNARD P. HALLOWAY, PLAINTIFF-APPELLANT, v. BRINA GOLDENBERG, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 1949.


Attorney(s) appearing for the Case

Mr. Jonathan W. Acton (Messrs. Acton & Supple, attorneys) argued the cause for the plaintiff-appellant.

Mr. T. Millet Hand argued the cause for the defendant-respondent.

Before Judges McGEEHAN, DONGES and COLIE.


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

Plaintiff appeals from a judgment in favor of defendant, entered in the Cape May County Court, upon a dismissal granted on defendant's motion at the close of plaintiff's case.

The complaint alleged that the plaintiff while a pedestrian in front of defendant's premises in December, 1944, was injured when he stepped into a hole in the sidewalk. It further alleged that this hole existed prior to defendant...

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