WYTUPECK v. CITY OF CAMDEN


25 N.J. 450 (1957)

136 A.2d 887

HENRY WYTUPECK, A MINOR, BY HIS FATHER AND GUARDIAN AD LITEM, JOHN WYTUPECK, AND JOHN WYTUPECK, IN HIS OWN RIGHT, PLAINTIFFS-RESPONDENTS, v. CITY OF CAMDEN, A MUNICIPAL CORPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Argued October 28, 1957.

Decided December 16, 1957.


Attorney(s) appearing for the Case

Mr. Norman Heine argued the cause for appellant.

Mr. Horace G. Brown argued the cause for respondents (Mr. Thomas F. Connery, Jr., on the brief; Messrs. Brown, Connery, Kulp & Wille, attorneys).


The opinion of the court was delivered by HEHER, J.

There was judgment for the plaintiffs on a jury verdict rendered in the Law Division of the Superior Court in this action for negligence in the condition and use of the defendant city's lands; and the case is here by our certification of the city's appeal to the Appellate Division of the Superior Court.

The basic question raised concerns the sufficiency of the evidence to sustain the finding of a breach of...

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