VOGEL v. ECKERT


22 N.J. Super. 220 (1952)

91 A.2d 633

HAZEL C. VOGEL AND HARRY VOGEL, PLAINTIFF-APPELLANTS, v. RALPH H. ECKERT AND EDNA ECKERT, DEFENDANT-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 22, 1952.


Attorney(s) appearing for the Case

Mr. Clark Vogel argued the cause for plaintiff-appellants (Messrs. Wise & Wise, attorneys).

Mr. Joseph Coult argued the cause for defendant-respondents.

Before Judges JAYNE, PROCTOR and SCHETTINO.


The opinion of the court was delivered by PROCTOR, J.S.C. (temporarily assigned).

This is an appeal from a judgment of dismissal entered at the conclusion of the plaintiffs' case. Mrs. Vogel sought compensation for personal injuries she sustained when a bench, upon which she and others were seated, collapsed on the premises of the defendants, Mr. and Mrs. Eckert. Mr. Vogel sued per quod.

The evidence offered by the plaintiffs may be summarized as follows...

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