DUDA v. GAINES


12 N.J. Super. 326 (1951)

79 A.2d 695

FRANK DUDA, AN INFANT, BY HIS GUARDIAN AD LITEM, MARION DUDA, AND MARION DUDA, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. JOSEPH GAINES AND THEODORE COOPER, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 21, 1951.


Attorney(s) appearing for the Case

Mr. Mario Turtur argued the cause for plaintiffs-appellants.

Mr. William N. Campbell argued the cause for defendants-respondents.

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


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

The defendants are teachers at the Linden High School and coaches of the school football team. The infant plaintiff, a student at the school and a candidate for the football team, injured his right shoulder during tackling practice. This suit was brought in the Union County Court for damages for the alleged negligence of defendants in failing...

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