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KNOX EX REL. KNOX v. GOODMAN

45 N.J. Super. 428 (1957)

133 A.2d 50

HELEN MARIE KNOX, AN INFANT, BY HER GUARDIAN AD LITEM, MATTHEW KNOX, AND MATTHEW KNOX IN HIS OWN RIGHT, PLAINTIFFS-RESPONDENTS, v. JULIAN GOODMAN, T/A LORI SHOE STORE, DEFENDANT-APPELLANT, AND R.G. CORPORATION AND WESTFIELD AVENUE REALTY COMPANY, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 1957.

Attorney(s) appearing for the Case

Mr. Donald R. Taggart argued the cause for appellant (Mr. Charles A. Cohen, on the brief).

Mr. Joseph Tomaselli argued the cause for respondents (Mr. Peter J. Coruzzi, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The essential question in this action is the liability of a lessee in possession of premises for his failure to remedy a defective stairway condition, which failure caused injuries to a neighbor's child of tender years who came upon the property on its own initiative to call the lessee's child to play.

The Knox and Goodman families were next door neighbors, and their children playmates. The defendant...

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