PEARLSTEIN v. LEEDS


52 N.J. Super. 450 (1958)

145 A.2d 650

ESTHER PEARLSTEIN, PLAINTIFF-APPELLANT, v. SHERWOOD LEEDS AND GOLDYE LEEDS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 12, 1958.


Attorney(s) appearing for the Case

Mr. Alfred Brenner argued the cause for plaintiff-appellant.

Mr. Richard H. Hughes argued the cause for defendants-respondents (Messrs. Carpenter, Bennett, Beggans & Morrissey, attorneys; Mr. James P. Beggans, of counsel).

Before Judges PRICE, SCHETTINO and HALL.


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

Plaintiff appeals from a judgment for defendants entered in the Law Division on their motion at the close of the whole case. The suit seeks recovery for personal injuries sustained as a result of a fall on a waxed staircase in defendants' home while plaintiff was visiting there. She was fully aware of the condition. The questions presented involve aspects of the familiar problem of the duty owed by the occupier...

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