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MILSTREY v. CITY OF HACKENSACK

8 N.J. Super. 221 (1950)

73 A.2d 747

CLARISSE MILSTREY AND ANOTHER, PLAINTIFFS-RESPONDENTS, v. CITY OF HACKENSACK AND ANOTHER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1950.

Attorney(s) appearing for the Case

Mr. George F. Losche argued the cause for respondents.

Mr. Ralph W. Chandless argued the cause for appellants (Messrs. Chandless, Weller, Kramer & Frank, attorneys), (Mr. John Frank, Jr., of counsel, and Mr. Dominick Fondo, on the brief).

Before Judges JACOBS, DONGES and BIGELOW.

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

The City of Hackensack and Lester K. Fishbough appeal from a judgment rendered against them and in favor of Clarisse Milstrey and her husband, for injuries received by Mrs. Milstrey in a sidewalk accident in October, 1948. The City, in January, 1947, had cut a trench through the sidewalk in order to repair a traffic light which was located at the curb, and when the apparatus had been fixed, filled in the hole...

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