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ELLIOTT v. DITURSI

115 N.J. Super. 452 (1971)

280 A.2d 208

ROBERT C. ELLIOTT, AN INFANT BY HIS GUARDIAN AD LITEM, RUTH I. ELLIOTT, AND RUTH I. ELLIOTT, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. DOMINIC DITURSI, ALICE DITURSI, AND WINDSOR WAX COMPANY, INC., DEFENDANTS, AND PETER GALLAGHER AND HERTZ CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 19, 1971.

Attorney(s) appearing for the Case

Mr. Alfred G. Osterweil argued the cause for appellants (Messrs. Schreiber and Osterweil, attorneys; Mr. Robert S. Schulman, on the brief).

Mr. Gerald W. Conway argued the cause for respondents (Messrs. Schreiber and Lancaster, attorneys).

Before Judges LEWIS, MATTHEWS and MINTZ.

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

The issue raised in this appeal is whether the granting of the motion by defendants Peter Gallagher (Gallagher) and Hertz Corporation (Hertz) for judgment n.o.v. constituted reversible error.

The facts are uncomplicated. Infant plaintiff, eight years of age, was visiting his grandmother who lived on the east side of Newkirk Avenue, North Bergen, Hudson County. Newkirk Avenue is a narrow thoroughfare...

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