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LAYTON v. MOSELEY

16 N.J. Super. 124 (1951)

84 A.2d 14

ALBERT A. LAYTON, PLAINTIFF-APPELLANT, v. FREDERICK S. MOSELEY, JR., AND CHARLES ROBINSON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1951.

Attorney(s) appearing for the Case

Mr. Francis X. Kenneally argued the cause for appellant (Mr. Joseph P. Dunn, attorney).

Mr. James B. Emory argued the cause for respondents (Messrs. Markley & Broadhurst, attorneys; Mr. Edward A. Markley and Mr. Emory on the brief).

Before Judges McGEEHAN, JAYNE and WM. J. BRENNAN, JR.

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.A.D.

Plaintiff's appeal is directed to the judgment of involuntary dismissal of his action entered at the close of his proofs upon the trial of the cause in the Law Division, Somerset County.

Plaintiff was a carpenter employed by North County Construction Company. His employer contracted to replace a torn down roof on a small spring house on the farm of defendant

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