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HAYES v. MONGIOVI

121 N.J. Super. 272 (1972)

296 A.2d 567

IN THE MATTER OF ZEPHYR HAYES, PLAINTIFF, v. BENEDETTO MONGIOVI, TRADING AS MOM BUTCHER SHOP AND/OR VICTORY MORTGAGE CORP., DEFENDANT.

Superior Court of New Jersey, District Court, Essex County.

Decided November 1, 1972.

Attorney(s) appearing for the Case

Mr. David Gelband, of Messrs. Freeman & Bass, argued the cause for Plaintiff.

Miss Anne W. Elwell, of Messrs. Ball, Broege, Elwell, Fogel & Livingston, argued the cause for Defendant.

YANOFF, J.C.C. t/a P.J.D.C.

The simple issue to be decided in this case is whether N.J.S.A. 4:19-16 provides relief to a person who is injured, but not bitten, by a dog.

The statute reads in part:

Liability of owner regardless of viciousness of dog:

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including...

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