HORTON v. AMERICAN INST. FOR MENTAL STUDIES


154 N.J. Super. 121 (1977)

380 A.2d 1201

JAMES B. HORTON, PLAINTIFF, v. AMERICAN INSTITUTE FOR MENTAL STUDIES ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 7, 1977.


Attorney(s) appearing for the Case

Ms. Florence Davidow for plaintiff (Messrs. Davidow & Davidow, attorneys).

Mr. Frank G. Basile for defendant American Institute for Mental Studies (Messrs. Kavesh & Basile, attorneys).

Mr. Lewis April for third-party defendant Adams & Rehmann (Messrs. Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, attorneys).


MILLER, J.C.C., Temporarily Assigned.

This summary judgment motion is brought by the owners of land upon which plaintiff was injured by a cave-in of a ditch during the installation of a sanitary sewer system. Following such injury, plaintiff made claim against numerous defendants upon varying theories of legal liability, but the landowner is the only one herein considered.

Under the law previously construed, the landowner was generally entitled to be let out...

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