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BERKO v. FREDA

93 N.J. 81 (1983)

459 A.2d 663

JOHN BERKO, PLAINTIFF-APPELLANT, v. RALPH FREDA, DEFENDANT-RESPONDENT, AND PAUL HARRIGAN, DEFENDANT.

The Supreme Court of New Jersey.

Decided May 9, 1983.

Attorney(s) appearing for the Case

Stanley W. Greenfield argued the cause for appellant (Stanley W. Greenfield, Douglas C. Greenfield, attorneys).

Daniel K. Van Dorn argued the cause for respondent (McDermott, McGee & Ruprecht, attorneys; Francis J. Manion, on the brief).

The opinion of the Court was delivered by CLIFFORD, J.

In Krauth v. Geller, 31 N.J. 270 (1960), this Court adopted the so-called "fireman's rule," applicable in tort cases. That rule holds that because it is a firefighter's business to deal with the usual hazards involved in fighting fires, a firefighter "cannot complain of negligence in the creation of the very occasion for his engagement...

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