LEE v. DUMANSKY


31 N.J. Super. 280 (1954)

106 A.2d 327

ANDREW LEE, PLAINTIFF-RESPONDENT, v. WALTER DUMANSKY AND HENRY DUMANSKY, PARTNERS TRADING AS WEST CARTERET ESSO SERVICENTER, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1954.


Attorney(s) appearing for the Case

Mr. Harvey G. Stevenson argued the cause for appellants (Messrs. Stevenson, Willette & McDermitt, attorneys).

Mr. Benedict W. Harrington argued the cause for respondent.

Before Judges JAYNE, STANTON and HALL.


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

It is said that a mishap never comes to pass without a cause although its specific origin and injurious path may escape human vision. Courts are at times importuned to deduce the cause from a structure of associated factual circumstances. The task is customarily delegated to a jury whose members functionally occupy the gap between the law in the books and the law in practical operation.

Customarily...

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