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CLARK v. FOG CONTRACTING CO.

125 N.J. Super. 159 (1973)

309 A.2d 617

HERBERT CLARK AND JOAN CLARK, HIS WIFE, PLAINTIFFS-APPELLANTS, v. FOG CONTRACTING COMPANY, A NEW JERSEY CORPORATION AND TOWNSHIP OF FRANKLIN, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS. TOWNSHIP OF FRANKLIN, A MUNICIPAL CORPORATION, THIRD-PARTY PLAINTIFF, v. TRAP ROCK INDUSTRIES, INC., THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided September 24, 1973.

Attorney(s) appearing for the Case

Seymour Gelzer, E. Brunswick, argued the cause for appellants (Iaria & Gelzer, E. Brunswick).

Thomas R. O'Brien, Newark, argued the cause for respondent Township of Franklin (Gurry & Conlan, South Orange).

Henry H. Rubenson, New Brunswick, argued the cause for respondent FOG Contracting Company.

Before Judges KOLOVSKY, FRITZ and CRANE.

PER CURIAM.

This is a negligence fall-down action. The matter was tried on the issue of liability only. At the end of the entire case a motion for an involuntary dismissal was granted with respect to defendant township. The jury returned a unanimous verdict of no cause for action as against the remaining defendant FOG Contracting Co. (FOG).

The issues raised on this appeal concern the propriety of the dismissal...

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