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PHILPOT v. RHINESMITH

6 N.J. Super. 324 (1950)

71 A.2d 219

ROY A. PHILPOT AND CATHERINE PHILPOT, PLAINTIFFS-APPELLANTS, v. KENNETH M. RHINESMITH, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 1950.

Attorney(s) appearing for the Case

Mr. Herman D. Edelson argued the cause for the appellants (Mr. Samuel Raff on the brief).

Mr. Jacob H. Bernstein argued the cause for the respondent (Mr. G. Gerson Isenberg, attorney).

Before Judges JACOBS, DONGES and BIGELOW.

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

This is an appeal from a judgment of dismissal entered in the Passaic County Court at the close of the plaintiffs' case.

Plaintiffs, the owners of a bungalow in Wayne Township, planned to build an addition thereto. It was necessary to blast rock for a cellar and the defendant, a blasting contractor, was engaged for that purpose. The defendant assured...

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