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SIMMEL v. N.J. COOP CO.

28 N.J. 1 (1958)

143 A.2d 521

WILLIAM ARTHUR SIMMEL, AN INFANT BY WILLIAM HERMAN SIMMEL, HIS GUARDIAN AD LITEM, AND WILLIAM HERMAN SIMMEL, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, AND WILLIAM HERMAN SIMMEL, INDIVIDUALLY, CROSS-APPELLANT, v. NEW JERSEY COOP COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 27, 1958.

Attorney(s) appearing for the Case

Mr. Edward V. Ryan argued the cause for the defendant-appellant and cross-respondent.

Mr. Jesse Moskowitz argued the cause for the plaintiffs-respondents and for the cross-appellant.

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

This is an action commenced in the Superior Court, Law Division, to recover damages for personal injury resulting from the alleged negligent maintenance of a dangerous condition upon defendant's premises. The defendant denied maintenance of the condition, asserting as a defense that the condition was created by third persons without defendant's consent or knowledge. The jury returned a verdict in the amount of...

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