COLL v. BERNSTEIN


14 N.J. Super. 71 (1951)

81 A.2d 389

SILAS J. COLL, PLAINTIFF-APPELLANT, v. MARIAN BERNSTEIN, DEFENDANT-RESPONDENT, AND HARRY BERNSTEIN, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1951.


Attorney(s) appearing for the Case

Mr. Hyman W. Rosenthal argued the cause for appellant (Messrs. Marcus & Levy, attorneys; Mr. Harry Chashin, of counsel).

Mr. Samuel Doan argued the cause for respondent (Mr. Charles C. Stalter, attorney).

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


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

The law does not confer upon every pedestrian who is caused to trip and fall over some defective condition on the surface of a public sidewalk a cause of action against the owner of the abutting premises for the recovery of damages for the injurious consequences of the mishap. The liability of such owner is circumscribed by principles which have become firmly established in our jurisprudence.

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