KELLEY v. CURTISS


29 N.J. Super. 291 (1954)

102 A.2d 471

GLADYS KELLEY AND LAWRENCE KELLEY, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. JOHN CURTISS AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 18, 1954.


Attorney(s) appearing for the Case

Mr. John A. Laird argued the cause for plaintiffs-appellants (Messrs. Greenstone & Greenstone, attorneys).

Mr. Vincent P. Torppey argued the cause for defendant-respondent, City of Newark (Mr. Horace S. Bellfatto, attorney).

Before Judges CLAPP, GOLDMANN and EWART.


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

This case, laying before us some fundamental questions on municipal liability for torts, was dismissed as against the defendant, City of Newark, at the close of plaintiffs' case. Plaintiffs appeal.

The plaintiff, Mrs. Gladys Kelley, was kicked by a horse which was tethered, and unattended, in a driveway, perhaps 35 feet in width, leading to a private...

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