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KELLY v. ELY

764 A.2d 1031 (2001)

Michael KELLY, Plaintiff-Appellant, v. Thomas J. ELY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 2001.

Attorney(s) appearing for the Case

William W. Graham, Manasquan, argued the cause for appellant (Carey & Graham, attorneys; Mr. Graham, of counsel and on the brief).

Stephen J. Foley, Jr., Asbury Park, argued the cause for respondent (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys; Dennis R. O'Brien, on the brief).

Before Judges WEFING and CUFF.

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

In 1960, the New Jersey Supreme Court adopted the fireman's rule in New Jersey, barring a firefighter from recovering damages in a tort action against a property owner for injuries received while battling that fire. Krauth v. Geller, 31 N.J. 270, 157 A.2d 129 (1960). Writing for the court, Chief Justice Weintraub held that "the owner or...

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