DE BARO v. GABRYELSKI


14 N.J. Super. 50 (1951)

81 A.2d 392

ANTHONY P. DE BARO, PLAINTIFF-APPELLANT, v. FRANK GABRYELSKI, SR., DEFENDANT, AND FRANK GABRYELSKI, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 1951.


Attorney(s) appearing for the Case

Mr. Jerome J. Heyman argued the cause for plaintiff-appellant (Mr. Myron L. Levy, attorney).

Mr. William B. Rosenberg argued the cause for defendant-respondent (Messrs. Blumberg & Rosenberg, attorneys).

Before Judges FREUND, DONGES and PROCTOR.


The opinion of the court was delivered by PROCTOR, J.S.C.

Plaintiff appeals from an adverse judgment returned by the judge of the Somerset County District Court, sitting without a jury.

The complaint charged the defendants with having negligently permitted a fire to occur in their garage, as a result of which plaintiff's automobile truck was destroyed while in defendants' custody.

Plaintiff testified that on January 31, 1949, he brought his vehicle...

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