KLINSKY v. HANSON VAN WINKLE MUNNING CO.


38 N.J. Super. 439 (1955)

119 A.2d 166

ESTELLE KLINSKY (NOW ESTELLE KLINSKY MASON) AND RAYMOND MASON, HER HUSBAND, PLAINTIFFS-APPELLANTS, v. HANSON VAN WINKLE MUNNING CO., INC., HANSON VAN WINKLE MUNNING ATHLETIC ASSOCIATION, INC., PINES OF RARITAN TOWNSHIP, INC., SWEEPSTAKES REALTY CO., INC., JOSEPH CALLAHAN, PRESIDENT, AND ANTHONY SEBER, DEFENDANTS-RESPONDENTS, AND LESLIE BATCHELOR, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1955.


Attorney(s) appearing for the Case

Mr. William J. O'Hagan argued the cause for plaintiffs-appellants (Messrs. Stout & O'Hagan, of counsel; Mr. Norman J. Currie, attorney).

Mr. Lawrence A. Carton, Jr. (Messrs. Roberts, Pillsbury & Carton, attorneys) and Mr. Robert V. Carton (Messrs. Durand, Ivins & Carton, attorneys) argued the cause for defendants-respondents.

Before Judges CLAPP, JAYNE and FRANCIS.


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

This appeal brings up questions as to assumption of risk and negligence. It is taken by the plaintiffs from a judgment of the Superior Court, Law Division, dismissing their action at the close of their case.

On the day of the accident Mrs. Estelle Klinsky Mason, one of the plaintiffs, was apparently an invitee at a family outing for the employees of the defendant Hanson Van Winkle Munning Co., Inc....

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