CAFONE v. SPINIELLO CONSTRUCTION CO.


42 N.J. Super. 590 (1956)

127 A.2d 441

MICHAEL J. CAFONE AND DANIEL SPILLANE, PLAINTIFFS-APPELLANTS, v. SPINIELLO CONSTRUCTION CO. AND NESTO CONSTRUCTION CO., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 10, 1956.


Attorney(s) appearing for the Case

Mr. Isador Kalisch argued the cause for the plaintiffs-appellants (Mr. David Roskein, attorney; Mr. Harry Kalisch, of counsel).

Mr. Newton H. Porter, Jr., argued the cause for the defendants-respondents (Messrs. Porter & Hobart, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.


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

We are asked to review the legal propriety of the action of the County Court in granting defendants' motion for judgment at the close of the trial of these gas asphyxiation negligence cases. Alleged errors in the rejection of certain evidence are urged also as a basis for reversal.

Defendants Spiniello Construction Co. and Nesto Construction Co. entered into a joint contract with the City of Newark...

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