MELICHAREK v. HILL BUS CO.


37 N.J. 549 (1962)

182 A.2d 557

JOHN MELICHAREK, PLAINTIFF-RESPONDENT, v. HILL BUS COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 25, 1962.


Attorney(s) appearing for the Case

Mr. Harry C. Chashin argued the cause for plaintiff-respondent (Messrs. Marcus & Levy, attorneys).

Mr. Edward J. O'Mara argued the cause for defendant-appellant (Mr. Daniel Gilady, attorney; Mr. James Dorment, Jr., on the brief).


PER CURIAM.

A group of teenagers was standing or playing near the public road over which defendant's bus passed in the ordinary course of travel. As the bus was passing, one of the youngsters threw a stone, which came into it and struck the plaintiff, a passenger, in his right eye. He sought damages from the bus company, alleging negligence in failing to anticipate that the incident might occur. The trial court dismissed the action at the close of plaintiff's proof...

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