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BECKER v. NEWARK

72 N.J. Super. 355 (1962)

178 A.2d 364

JEAN MARIE BECKER, BY HER GUARDIAN AD LITEM JOSEPH BECKER AND JOSEPH BECKER, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. THE CITY OF NEWARK AND HELEN McENTEE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1962.

Attorney(s) appearing for the Case

Mr. Richard A. Walsh argued the cause for appellant City of Newark (Mr. Vincent P. Torppey, attorney).

Mr. Gregory J. Castano argued the cause for respondents (Mr. Thomas E. Durkin, Jr., attorney).

Before Judges GOLDMANN, FREUND and FOLEY.

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

The City of Newark appeals from a judgment in favor of the plaintiffs entered in the county district court after a trial without jury.

The city is the owner and operator of the Hayes Park East Swimming Pool. The pool is open to use by the general public and concededly its operation is a proprietary function. See Weeks v. Newark,

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