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GRAHAM v. CITY OF ASBURY PARK

37 N.J. 166 (1962)

179 A.2d 520

JOHN GRAHAM AND DAVID JONES, PLAINTIFFS-RESPONDENTS, v. CITY OF ASBURY PARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 2, 1962.

Attorney(s) appearing for the Case

Mr. Roger H. McGlynn argued the cause for the plaintiffs-respondents (Mr. Charles Frankel, attorney; Mr. John Russo, on the brief).

Mr. Robert V. Carton argued the cause for the defendant-appellant (Mr. Ascenzio R. Albarelli, City Attorney for the City of Asbury Park, attorney for and of counsel with defendant-appellant).

The opinion of the court was delivered

PER CURIAM.

We affirm for the reasons expressed by Judge Freund in Graham v. Asbury Park, 69 N.J.Super. 256 (App. Div. 1961). Since the parties before us have not raised the issue of mitigation (compare D'Elia v. Jersey City, 57 N.J.Super. 466 (App. Div. 1959...

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