MOSES v. EDWARD H. ELLIS, INC.


4 N.J. 315 (1950)

72 A.2d 856

CHARLES S. MOSES, PLAINTIFF-RESPONDENT, v. EDWARD H. ELLIS, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 24, 1950.


Attorney(s) appearing for the Case

Mr. James M. Davis, Jr., argued the cause for appellant (Mr. George B. Marshall and Mr. Samuel P. Orlando, on the brief).

Mr. Carl Kisselman argued the cause for respondent (Mr. Bruce A. Wallace, attorney).


The opinion of the court was delivered by WACHENFELD, J.

A reversal is asked here based upon alleged error in the court's refusal to direct a verdict for the defendant on two grounds: (1) there was no legal obligation on the part of the defendant, and (2) assuming a legal obligation, there was no proof of any damages.

In 1936 a flood occurred in the City of Harrisburg, Pennsylvania, as a result of which it was decided...

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