GARGIULO v. GARGIULO


24 N.J. Super. 129 (1952)

93 A.2d 598

BERNARD W. GARGIULO, AN INFANT, ETC., PLAINTIFF-APPELLANT, v. BERNARD S. GARGIULO, ETC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 1952.


Attorney(s) appearing for the Case

Mr. Samuel H. Nelson argued the cause for the appellant (Mr. Sidney C. Swirsky, attorney).

Mr. Thomas J. Brett argued the cause for the respondent (Messrs. O'Brien, Brett & O'Brien, attorneys).

Before Judges McGEEHAN, BIGELOW and JAYNE.


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

The appellant was employed at the respondent's butcher shop as a handyman. Late on a summer afternoon, in execution of his duties, he went into the backyard to burn some trash. Hearing a shout "Look out," he turned his head and was struck in the eye by an arrow. A boy who lived nearby had shot the arrow at a tree growing in the yard of the butcher. When he realized that appellant was in a position of danger...

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