BARNARD v. TRENTON-NEW BRUNSWICK THEATRES CO.


32 N.J. Super. 551 (1954)

108 A.2d 873

RUTH BARNARD, PLAINTIFF-APPELLANT, v. TRENTON-NEW BRUNSWICK THEATRES COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, AND FRED G. MacKENZIE AND JOSEPH D. MacKENZIE, PARTNERS, TRADING AS FRED G. MacKENZIE COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 27, 1954.


Attorney(s) appearing for the Case

Mr. Stephen V.R. Strong argued the cause for the appellant (Messrs. Strong & Strong, attorneys).

Mr. Victor C. Hansen argued the cause for the respondent Trenton-New Brunswick Theatres Company (Messrs. Cox & Walburg, attorneys).

Mr. John C. Stockel argued the cause for the respondents Fred G. MacKenzie and Joseph D. MacKenzie, partners, trading as Fred G. MacKenzie Company.

Before Judges CLAPP, JAYNE and FRANCIS.


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

The plaintiff's personal injury action was dismissed as to all defendants on motion at the close of her case. She now appeals.

The defendant, Trenton-New Brunswick Theatres Company, owns and operates a moving picture theater at 17 Livingston Avenue, New Brunswick, N.J. Immediately adjoining the public sidewalk is an outer vestibule about 12 feet in length covered with rubber matting. At the end of this...

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