CASALE v. HOUSING AUTHORITY, CITY OF NEWARK


42 N.J. Super. 52 (1956)

125 A.2d 895

RITA CASALE AND DOMINICK CASALE, PLAINTIFFS-APPELLANTS, v. THE HOUSING AUTHORITY OF THE CITY OF NEWARK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 5, 1956.


Attorney(s) appearing for the Case

Mr. Leslie S. Kohn argued the cause for plaintiffs-appellants.

Mr. John J. Gaffey argued the cause for defendant-respondent (Messrs. Minard, Cooper, Gaffey & Webb, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.


CLAPP, S.J.A.D.

This is an action brought to recover damages for negligence. The defendant moved to dismiss it at the close of plaintiffs' case, and the trial court granted the motion, holding there was no proof of active wrongdoing on defendant's part. Plaintiffs appeal.

Mrs. Rita Casale and her husband, the plaintiffs herein, were tenants of the defendant, residing in an apartment house operated by it. They assume, and hence I shall also, that the operation...

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