VANDER GROEF v. GREAT ATLANTIC & PACIFIC TEA CO.


32 N.J. Super. 365 (1954)

108 A.2d 472

MICHAEL VANDER GROEF, PLAINTIFF-APPELLANT, v. THE GREAT ATLANTIC & PACIFIC TEA COMPANY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 15, 1954.


Attorney(s) appearing for the Case

Mr. Harry Chashin argued the cause for plaintiff-appellant (Messrs. Marcus & Levy, attorneys; Mr. Chashin and Mr. Hyman W. Rosenthal, of counsel and on the brief).

Mr. John J. Monigan, Jr., argued the cause for defendant-respondent (Messrs. Stryker, Tams & Horner, attorneys).

Before Judges EASTWOOD, GOLDMANN and SCHETTINO.


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

The trial court granted defendant's motion for judgment of dismissal after plaintiff had completed the liability portion of the negligence action he had instituted against defendant. The court held that plaintiff had failed to prove negligence and proximate cause. This appeal ensued.

Defendant maintained a loading platform at the rear of its bakery premises on L Avenue, Newark. The platform was 44...

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