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TITUS v. LINDBERG

49 N.J. 66 (1967)

228 A.2d 65

ROBERT A. TITUS, AN INFANT BY HIS GUARDIAN AD LITEM, ETC., ET AL., PLAINTIFFS-RESPONDENTS, v. RICHARD LINDBERG, BY HIS GUARDIAN AD LITEM, ETC., DEFENDANT-RESPONDENT, AND ROBERT SMITH AND MIDDLETOWN TOWNSHIP BOARD OF EDUCATION, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued December 20, 1966.

Decided March 20, 1967.

Attorney(s) appearing for the Case

Mr. William T. Wichmann argued the cause for defendants-appellants (Messrs. Wise, Wise, Wichmann & Berich, attorneys).

Mr. Thomas J. Smith, Jr. argued the cause for plaintiffs-respondents (Messrs. Parsons, Canzona, Blair & Warren, attorneys; Mr. Theodore D. Parsons, Jr. on the brief).

Mr. James D. Carton, III argued the cause for defendant-respondent (Messrs. Carton, Nary, Witt & Arvanitis, attorneys).

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

The Appellate Division affirmed a judgment for the plaintiffs against all three defendants, Lindberg, Smith and the Board of Education. We granted certification on the application of Smith and the Board of Education.

On October 25, 1963 the plaintiff Robert A. Titus, who was then nine years old and a student at the Fairview School in Middletown Township, rode off from home on his bicycle to school. He arrived...

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