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WYATT v. CURRY

77 N.J. Super. 1 (1962)

185 A.2d 232

AUBREY WYATT, PLAINTIFF-RESPONDENT, v. THOMAS CURRY AND COCA COLA BOTTLING CO. OF N.Y., INC., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided November 1, 1962.

Attorney(s) appearing for the Case

Mr. John Gaffey argued the cause for appellants (Messrs. Gaffey & Webb, attorneys, Mr. Charles V. Webb, Jr. and Mr. Geoffrey Gaulkin, of counsel).

Mr. Stanley W. Greenfield argued the cause for respondent.

Before Judges GOLDMANN, FREUND and FOLEY.

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

In this negligence case defendants appeal from a jury verdict in favor of the plaintiff.

At about 4 P.M. on May 8, 1959, a clear day, plaintiff, an elderly man who is totally deaf, was engaged in trimming grass on the premises located at 141 E. Eighth Avenue, Roselle, N.J. While so engaged he was struck and severely injured by a truck operated by defendant Curry in pursuance

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