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McCARTHY v. NAT. ASSOC. FOR STOCK CAR AUTO RACING

87 N.J. Super. 442 (1965)

209 A.2d 668

ARTHUR McCARTHY, PLAINTIFF, v. NATIONAL ASSOCIATION FOR STOCK CAR AUTO RACING, INC., OLD BRIDGE STADIUM, INC. AND WALTER LAWSON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided April 29, 1965.

Attorney(s) appearing for the Case

Mr. Alfred S. Julien and Mr. Herman B. Glaser, attorneys for plaintiff (Mr. M. Marvin Soperstein, of counsel).

Messrs. DeSevo & Cerutti (Mr. Edward DeSevo appearing), attorneys for defendant National Association for Stock Car Auto Racing, Inc.

Messrs. Lynch, Murphy, Mannion & Lynch (Mr. John Lynch, appearing), attorneys for defendants Old Bridge Stadium, Inc. and Walter Lawson.

MARTINO, J.S.C.

The plaintiff on June 4, 1961 entered a stock car race promoted by the National Association for Stock Car Auto Racing, Inc. (NASCAR) and Old Bridge Stadium, Inc. The car was so constructed that a neoprene (synthetic rubber) hose was attached to the gas tank and passed through the vehicle and then through a forward fire wall where it connected with the fuel pump. The plaintiff had never before entered an automobile in a race held in the stadium operated...

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