EKALO v. CONSTRUCTIVE SERV. CORP. OF AMERICA


46 N.J. 82 (1965)

215 A.2d 1

HELEN EKALO, PLAINTIFF-APPELLANT, v. CONSTRUCTIVE SERVICE CORPORATION OF AMERICA, ET AL., DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 6, 1965.


Attorney(s) appearing for the Case

Mr. Robert N. Wilentz argued the cause for the appellant (Messrs. Wilentz, Goldman & Spitzer, attorneys).

Mr. Theodore W. Geiser argued the cause for the respondents (Messrs. Pindar, McElroy, Connell & Foley, attorneys for Mueller Co.; Messrs. Gordon, Mackenzie & Welt, attorneys for Elizabethtown Consolidated Gas Co.; Messrs. Carton, Nary, Witt & Arvanitis, attorneys for Texas Eastern; Messrs. Lynch, Murphy, Mannion & Lynch, attorneys for Constructive Service Corporation; Messrs. Burton, Seidman & Burton, attorneys for Allied Construction; Mr. C. Christian Stockel, Jr., attorney for International Smelting & Refining Co.).


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

The trial court dismissed the plaintiff's complaint for failure to state a claim upon which relief could be granted. The plaintiff appealed to the Appellate Division and we certified before argument there.

The complaint alleged, inter alia, that the plaintiff's husband Michael, while on a public street in Perth Amboy, was seriously injured when an explosion...

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