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BATTS v. JOSEPH NEWMAN, INC.

3 N.J. 503 (1950)

71 A.2d 121

HARRY D. BATTS, PLAINTIFF-RESPONDENT, v. JOSEPH NEWMAN, INC., A CORPORATION OF THE STATE OF NEW JERSEY, TIDE WATER ASSOCIATED OIL COMPANY, A CORPORATION, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided January 23, 1950.

Attorney(s) appearing for the Case

Mr. John E. Hughes argued the cause for appellant Joseph Newman, Inc. (Messrs. Duggan, Shaw & Hughes, attorneys).

Mr. Thomas F. Doyle argued the cause for appellant Tide Water Associated Oil Company. Mr. William G. McLaughlin on the brief (Messrs. Townsend & Doyle, attorneys).

Mr. Jacob J. Levey argued the cause for respondent.

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

On December 16, 1946, the respondent was standing on the sidewalk beside a parked coal truck on Avenue E in Bayonne. A truck rented to and operated by Joseph Newman, Inc., was being driven by Thomas Tennis, an employee of the Newman Company, along the avenue. As it passed the spot where the respondent stood, a cylindrical tank dropped from it and lay on the street. Several minutes later, a truck coming in the...

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