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CLAYTON v. NEW DREAMLAND ROLLER SKATING RINK

14 N.J. Super. 390 (1951)

82 A.2d 458

ALICE CLAYTON AND JAMES F. CLAYTON, PLAINTIFFS-APPELLANTS, v. NEW DREAMLAND ROLLER SKATING RINK, INC., AND VICTOR J. BROWN, 977-987 FRELINGHUYSEN AVE., NEWARK, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1951.

Attorney(s) appearing for the Case

Mr. Horace G. Davis argued the cause for the plaintiffs-appellants.

Mr. Robert L. Hood argued the cause for the defendants-respondents (Mr. William J. Egan, attorney).

Before Judges EASTWOOD, BIGELOW and SCHETTINO.

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

This is an appeal from a judgment of dismissal entered by the Essex County Court, Law Division, at the end of the plaintiffs' case, on motion of the defendants in an action for damages for injuries sustained by Alice Clayton arising out of a fall in the defendants' premises.

On October 9, 1948, plaintiff, Alice Clayton, and her husband, entered defendants' premises as paying patrons for the

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