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O'DONNELL v. ASPLUNDH TREE EXPERT CO.

13 N.J. 319 (1953)

99 A.2d 577

RICHARD O'DONNELL, PLAINTIFF-APPELLANT, v. ASPLUNDH TREE EXPERT CO., ALSO KNOWN AS THE ASPLUNDH CO., A CORPORATION, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided October 5, 1953.

Attorney(s) appearing for the Case

Mr. Sidney M. Schreiber argued the cause for the appellant (Messrs. McKeown, Schreiber, Lancaster & Demos, attorneys; Mr. Roger F. Lancaster, on the brief).

Mr. James B. Emory argued the cause for the respondent (Messrs. Emory, Langan & Lamb, attorneys; Mr. Richard A. Dunne, on the brief).

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

I.

The plaintiff was a tree clearance man employed by the East Orange Shade Tree Commission. While he was 50 feet above the ground pruning a tree, supported by his climbing rope crotched in the tree 20 feet above him, the metal hook that secured his safety belt to the rope snapped as he was making a swing to another part of the tree, causing him to plunge to the ground. He instituted suit against...

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