88 A.2d 630 (N.J.Super.A.D. 1952), No. A--39, Crammer v. Willston Operating Co., Inc.

Docket NºA--39
Citation88 A.2d 630, 19 N.J.Super. 489
Opinion JudgeBigelow, J.A.D.
Party NameSHIRLEY CRAMMER, AN INFANT, ETC., AND ANOTHER, PLAINTIFFS-RESPONDENTS, v. WILLSTON OPERATING CO., INC., DEFENDANT-APPELLANT
AttorneyMr. Joseph F. Mattice argued the cause for the respondents. Mr. Leonard Widman argued the cause for the appellant (Mr. George S. Skokos, attorney).
Judge PanelEastwood, Bigelow and Francis.
Case DateMay 16, 1952
CourtSuperior Court of New Jersey

Page 630

88 A.2d 630 (N.J.Super.A.D. 1952)

19 N.J.Super. 489

SHIRLEY CRAMMER, AN INFANT, ETC., AND ANOTHER, PLAINTIFFS-RESPONDENTS,

v.

WILLSTON OPERATING CO., INC., DEFENDANT-APPELLANT

No. No. A--39

Superior Court of New Jersey, Appellate Division

May 16, 1952

Argued May 5, 1952.

Mr. Joseph F. Mattice argued the cause for the respondents.

Mr. Leonard Widman argued the cause for the appellant (Mr. George S. Skokos, attorney).

Eastwood, Bigelow and Francis.

OPINION

Bigelow, J.A.D.

Page 631

[19 N.J.Super. 490] The plaintiff Shirley Crammer, 17 years old, and another girl, accompanied by their mothers, visited the defendant's roller skating rink one evening early in 1950. As the two girls were skating, hand in hand, a young man, coming rapidly from in back of them, skated between the two girls and they were both thrown to the ground. The plaintiff's nose was fractured and several of her front teeth broken off. In this suit against the company which operates the rink, the district court awarded to the young girl damages of $ 250 and to her father for medical expenses $ 150. Defendant urges that the judgment be reversed because the evidence did not establish that it was negligent or that its negligence was the proximate cause of the injury.

A person who invites others to come upon his premises is under a duty to exercise reasonable care for their protection. His duty extends to protection against the acts of third persons if he ought reasonably to have anticipated the [19 N.J.Super. 491] occurrence. Exton v. Central R.R. Co., 62 N.J.L. 7 (Sup. Ct. 1898), affirmed 63 N.J.L. 356 (E. & A. 1899); Bango v. Carteret Lions Club, 12 N.J.Super. 52 (App. Div. 1951), certif. den. 7 N.J. 347 (1951). The plaintiff specifies as negligence that the defendant failed to have enough attendants or guards on duty, and that those on duty were not alert enough.

The plaintiff and her witnesses testified that the rink was crowded and the skating very fast; that the guards had to slow the skaters down, and that there were some acts bordering on rowdyism. The attendant in charge "cautioned certain individuals prior to the incident" which occasioned the litigation. When plaintiff was thrown to the floor and injured, no attendant came to her assistance till five minutes had passed. The defendant presented proof that on the evening in question 249 patrons had been admitted, and that there were approximately 200 people on the...

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10 practice notes
  • 202 A.2d 439 (N.J.Super.A.D. 1964), A--653, Mayer v. Housing Authority of Jersey City
    • United States
    • Superior Court of New Jersey
    • June 30, 1964
    ...828 (Sup.Ct.1945); Reilly v. 180 Club Inc., 14 N.J.Super. 420, 82 A.2d 210 (App.Div.1951); Crammer v. Willston Operating Co., Inc., 19 N.J.Super. 489, 88 A.2d 630 (App.Div.1952); Klinksy v. Hanson Van Winkle Munning Co., 38 N.J.Super. 439, 448, 119 A.2d 166 (App.Div.1955), certification den......
  • 288 A.2d 127 (Md. 1972), 241, Nigido v. First Nat. Bank of Baltimore
    • United States
    • Court of Appeals of Maryland
    • March 9, 1972
    ...S.Ct. 140, 92 L.Ed. 73 (1947); Neering v. Illinois Cent. R. Co., 383 Ill. 366, 50 N.E.2d 497 (1943); Crammer v. Willston Operating Co., 19 N.J.Super. 489, 88 A.2d 630 (1952); Williams v. Essex Amusement Corp., 133 N.J.L. 218, 43 A.2d 828 (1945); Exton v. Central R. Co. of New Jersey, [264 M......
  • 679 A.2d 185 (N.J.Super.A.D. 1996), Calhanas v. South Amboy Roller Rink
    • United States
    • Superior Court of New Jersey
    • July 24, 1996
    ...that this lack of diligence proximately contributed to the young skater's collision with him. Cf. Crammer v. Willston Operating Co., 19 N.J.Super. 489, 490-91, 88 A.2d 630 (App.Div.1952) (plaintiffs knocked down and injured when man skated between them; earlier floor guards had to slow down......
  • 130 N.W.2d 113 (Minn. 1964), 38977, Diker v. City of St. Louis Park
    • United States
    • Supreme Court of Minnesota (US)
    • July 17, 1964
    ...358 P.2d where a 12-year-old plaintiff was injured by a group of boys playing 'crack the whip'; Crammer v. Willston Operating Co., 19 N.J.Super. 489, 88 A.2d 630, where reckless roller skaters injured the plaintiff; Reay v. Reorganization Inv. Co. (Mo.App.) 224 S.W.2d 580, where it was held......
  • Request a trial to view additional results
10 cases
  • 202 A.2d 439 (N.J.Super.A.D. 1964), A--653, Mayer v. Housing Authority of Jersey City
    • United States
    • Superior Court of New Jersey
    • June 30, 1964
    ...828 (Sup.Ct.1945); Reilly v. 180 Club Inc., 14 N.J.Super. 420, 82 A.2d 210 (App.Div.1951); Crammer v. Willston Operating Co., Inc., 19 N.J.Super. 489, 88 A.2d 630 (App.Div.1952); Klinksy v. Hanson Van Winkle Munning Co., 38 N.J.Super. 439, 448, 119 A.2d 166 (App.Div.1955), certification den......
  • 288 A.2d 127 (Md. 1972), 241, Nigido v. First Nat. Bank of Baltimore
    • United States
    • Court of Appeals of Maryland
    • March 9, 1972
    ...S.Ct. 140, 92 L.Ed. 73 (1947); Neering v. Illinois Cent. R. Co., 383 Ill. 366, 50 N.E.2d 497 (1943); Crammer v. Willston Operating Co., 19 N.J.Super. 489, 88 A.2d 630 (1952); Williams v. Essex Amusement Corp., 133 N.J.L. 218, 43 A.2d 828 (1945); Exton v. Central R. Co. of New Jersey, [264 M......
  • 679 A.2d 185 (N.J.Super.A.D. 1996), Calhanas v. South Amboy Roller Rink
    • United States
    • Superior Court of New Jersey
    • July 24, 1996
    ...that this lack of diligence proximately contributed to the young skater's collision with him. Cf. Crammer v. Willston Operating Co., 19 N.J.Super. 489, 490-91, 88 A.2d 630 (App.Div.1952) (plaintiffs knocked down and injured when man skated between them; earlier floor guards had to slow down......
  • 130 N.W.2d 113 (Minn. 1964), 38977, Diker v. City of St. Louis Park
    • United States
    • Supreme Court of Minnesota (US)
    • July 17, 1964
    ...358 P.2d where a 12-year-old plaintiff was injured by a group of boys playing 'crack the whip'; Crammer v. Willston Operating Co., 19 N.J.Super. 489, 88 A.2d 630, where reckless roller skaters injured the plaintiff; Reay v. Reorganization Inv. Co. (Mo.App.) 224 S.W.2d 580, where it was held......
  • Request a trial to view additional results

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