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SHEEHAN EX REL. SHEEHAN v. McGOWAN

49 N.J. Super. 1 (1958)

138 A.2d 759

DIANE SHEEHAN AND SUZANNE SHEEHAN, INFANTS, BY DANIEL SHEEHAN, GUARDIAN AD LITEM, AND DANIEL SHEEHAN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. JEROME McGOWAN AND RICHARD McGOWAN, DEFENDANTS, AND RICHARD J. TARRANT AND D.T.C. HOLDING CO., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 12, 1958.

Attorney(s) appearing for the Case

Mr. Roger Hinds argued the cause for appellants.

Mr. William Feinberg argued the cause for respondents (Mr. Jack Feinberg, attorney; Mr. Richard J. Feinberg, on the brief).

Before Judges CLAPP, JAYNE and SCHETTINO.

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

Although the distinction between an invitee and licensee conspicuously vanishes in this jurisdiction in its relation to the liability of the occupier of land, it remains unextinguished in measuring the care owed by the motorist to his passenger. Vide, Lippman v. Ostrum, 22 N.J. 14 (1956). Yet it is historically noticeable that...

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