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BENTON v. Y.M.C.A. OF WESTFIELD

47 N.J. Super. 372 (1957)

136 A.2d 27

LUCILLE BENTON AND THOMAS R. BENTON, PLAINTIFFS-APPELLANTS, v. YOUNG MEN'S CHRISTIAN ASSOCIATION OF WESTFIELD, NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 13, 1957.

Attorney(s) appearing for the Case

Mr. Stanley W. Greenfield argued the cause for appellants.

Mr. Harvey G. Stevenson argued the cause for respondent (Messrs. Stevenson, Willette & McDermitt, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Plaintiff Lucille Benton sued for injuries suffered when she slipped and fell on the stairs leading from defendant's swimming pool. Her husband sued per quod. The answer set up the defenses of contributory negligence, assumption of risk, and immunity from liability because of defendant's status as a charitable institution. Defendant moved to dismiss the action on all three grounds at the close of...

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