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BRATKA v. CASTLES ICE CREAM CO.

40 N.J. Super. 576 (1956)

123 A.2d 793

JOSEPH BRATKA, PLAINTIFF-APPELLANT, v. CASTLES ICE CREAM COMPANY, A BODY CORPORATE OF THE STATE OF NEW JERSEY. DEFENDANT, AND BREYER ICE CREAM CO., A DELAWARE CORPORATION, BENJAMIN F. ZELL, CHARLES HOLZWARTH AND AL KINBACK, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1956.

Attorney(s) appearing for the Case

Mr. David Cohn argued the cause for appellant (Mr. Archibald Kreiger, on the brief).

Mr. Willard G. Woelper argued the cause for respondent Breyer Ice Cream Co. (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys).

Mr. John W. Griggs argued the cause for defendants Benjamin F. Zell, Charles Holzwarth and Al Kinback (Messrs. Morrison, Lloyd & Griggs, attorneys; Mr. Arthur J. Simpson, Jr., of counsel).

Before Judges GOLDMANN, BURTON and SULLIVAN.

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

Plaintiff appeals from a judgment of involuntary dismissal entered in the Law Division at the close of plaintiff's case, in favor of defendant Breyer Ice Cream Co. and the individual defendants Zell, Holzwarth and Kinback, for failure to establish a prima facie case. He contends there were fact questions presented which should have been submitted to...

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