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VAN STAVEREN v. F.W. WOOLWORTH CO.

29 N.J. Super. 197 (1954)

102 A.2d 59

ELLA VAN STAVEREN AND GUY VAN STAVEREN, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. F.W. WOOLWORTH CO., A NEW YORK CORPORATION LICENSED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 5, 1954.

Attorney(s) appearing for the Case

Mr. John C. Stockel argued the cause for appellant.

Mr. John T. Keefe argued the cause for respondents (Mr. John A. McKenna, attorney).

Before Judges JAYNE, FRANCIS and PROCTOR.

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

The application of the so-called doctrinal function of res ipsa loquitur to the factual circumstances disclosed by the evidence adduced in the present case is the controversial subject predominating in the consideration of the present appeal. We ventured the comment in Alston v. J.L. Prescott Co., 10 N.J.Super. 116, on page 119 (App. Div.

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