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WEBB v. BETTA

7 N.J. Super. 60 (1950)

71 A.2d 897

LOIS WEBB AND JAMES WEBB, PLAINTIFFS-APPELLANTS, v. JULIA BETTA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1950.

Attorney(s) appearing for the Case

Mr. Horace S. Belfatto argued the cause for the appellants.

Mr. Joseph V. Melillo argued the cause for the respondent (Mr. Jack J. Soriano, attorney).

Before Judges JACOBS, EASTWOOD and JAYNE.

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 Essex County Court at the close of the plaintiffs' case.

On March 8, 1949, the plaintiff Lois Webb resided on the second floor of a three-story tenement house owned by the defendant Julia Betta. At about 8:00 P.M. she received a call from the first floor to answer the telephone. There were no lights burning on the first or second floor landings...

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