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TOMSKY v. KACZKA

17 N.J. Super. 211 (1952)

85 A.2d 809

MARIE TOMSKY AND WALTER TOMSKY, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. MARY KACZKA AND JOHN KACZKA, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 3, 1952.

Attorney(s) appearing for the Case

Mr. Harry Chashin argued the cause for the plaintiffs-respondents (Mr. Edmund Polonitza, attorney).

Mr. Elmer J. Bennett argued the cause for the defendants-appellants (Messrs. Patrick A. Dwyer, James P. Beggans and Milton A. Dauber, of counsel and on the brief; Messrs. Carpenter, Gilmour & Dwyer, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

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

At a trial before the Hudson County Court, Law Division, the jury returned a verdict in favor of the plaintiff, Marie Tomsky, for $1,000, for personal injuries allegedly sustained in a fall on premises owned by the defendants, and in the sum of $500 to Walter Tomsky per quod. The defendants appeal from the ensuing judgment.

Approximately two weeks before the accident, Mrs. Kaczka telephoned...

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