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HAYDEN v. CURLEY

34 N.J. 420 (1961)

169 A.2d 809

RICHARD HAYDEN, PLAINTIFF-APPELLANT, v. JOSEPH CURLEY AND CITY OF JERSEY CITY, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided April 11, 1961.

Attorney(s) appearing for the Case

Mr. Bernard Chazen argued the cause for the plaintiff-appellant (Mr. Jacob R. Friedman, attorney; Messrs. Baker, Garber & Chazen, of counsel; Mr. Bernard Chazen, on the brief).

Mr. Samuel H. Nelson argued the cause for the defendant-respondent Joseph Curley (Mr. Edmond J. Dwyer, attorney).

Mr. Cyril J. Galvin argued the cause for the defendant-respondent City of Jersey City (Mr. Ezra L. Nolan, attorney).

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

This is a sidewalk accident case. Plaintiff sought damages for injuries sustained when he tripped and fell over a portion of a public sidewalk, allegedly broken and raised by the roots of a tree which was planted in the sidewalk by the City of Jersey City at the abutting property-owner's request. Joined as defendants were the property owner, Joseph Curley, the City of Jersey City, and the City Forester, David Post...

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