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SCHIPPER v. LEVITT & SONS, INC.

44 N.J. 70 (1965)

207 A.2d 314

LAWRENCE J. SCHIPPER, II, A MINOR, BY HIS FATHER AND GUARDIAN AD LITEM, LAWRENCE J. SCHIPPER, AND LAWRENCE J. SCHIPPER IN HIS OWN RIGHT, PLAINTIFFS-APPELLANTS, v. LEVITT & SONS, INCORPORATED, A CORPORATION OF THE STATE OF NEW YORK, AND YORK SHIPLEY, INC., A CORPORATION OF THE STATE OF DELAWARE, DEFENDANTS-RESPONDENTS, AND LAWRENCE J. SCHIPPER, II, A MINOR, BY HIS FATHER AND GUARDIAN AD LITEM, LAWRENCE J. SCHIPPER, AND LAWRENCE J. SCHIPPER, IN HIS OWN RIGHT, PLAINTIFFS-APPELLANTS, v. BUILDERS SUPPLY CORPORATION, A CORPORATION OF NEW JERSEY, DEFENDANT, THIRD-PARTY PLAINTIFF, RESPONDENT, v. YORK SHIPLEY, INC., A CORPORATION OF THE STATE OF DELAWARE, THIRD-PARTY DEFENDANT, FOURTH-PARTY PLAINTIFF, RESPONDENT, v. LEVITT & SONS, INCORPORATED, A CORPORATION OF THE STATE OF NEW YORK, FOURTH-PARTY DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided February 19, 1965.

Attorney(s) appearing for the Case

Mr. Thomas F. Connery, Jr. argued the cause for the appellants (Messrs. Brown, Connery, Kulp & Wille, attorneys; Mr. Joseph H. Rodriguez, on the brief).

Mr. Samuel P. Orlando argued the cause for the respondent Levitt & Sons, Incorporated.

Mr. Peter J. Devine, Jr. argued the cause for the respondent York Shipley, Inc. (Messrs. Kisselman, Devine, Deighan & Montano, attorneys; Mr. Michael Patrick King, on the brief).

Mr. Herbert Horn argued the cause for the respondent Builders Supply Corporation (Messrs. Lloyd, Horn, Megargee & Steedle, attorneys).

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

The plaintiffs sued for damages suffered as a result of the severe scalding received by the infant plaintiff Lawrence J. Schipper, II when he came in contact with excessively hot water drawn from the faucet in the bathroom sink. The trial court dismissed the proceeding at the close of the plaintiffs' case. They appealed to the Appellate Division and we certified before argument...

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