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GIBILTERRA v. ROSEMAWR HOMES, INC.

19 N.J. 166 (1955)

115 A.2d 553

VIRGIL GIBILTERRA, PLAINTIFF-RESPONDENT, PLAINTIFF-APPELLANT, v. ROSEMAWR HOMES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT, AND UNITED CONSTRUCTION CO., INC., A CORPORATION OF THE STATE OF NEW JERSEY, AND FRANCIS L. BAYLEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued May 23, 1955.

Decided June 20, 1955.

Attorney(s) appearing for the Case

Mr. Samuel Doan argued the cause for plaintiff-respondent-appellant (Mr. Archibald Kreiger of counsel).

Mr. Robert Shaw argued the cause for defendants-appellants (Messrs. Shaw, Hughes & Pindar, attorneys; Mr. Shaw and Mr. William T. McElroy of counsel).

Mr. James J. Langan argued the cause for defendant-respondent (Messrs. Emory, Langan & Lamb, attorneys; Mr. James B. Emory and Mr. Langan of counsel).

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

United Construction Co., Inc., supplied Rosemawr Homes, Inc., with a steam shovel and an operator, Francis L. Bayley, to do excavation work on a tract being developed by Rosemawr in the City of Clifton. One Patsy Vellone had a contract with Rosemawr to do the plumbing work on the project. Vellone marked off the site of a trench to be dug in order that house plumbing might be connected with an underground...

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