Bango v. Carteret Lions Club, No. A--464

CourtNew Jersey Superior Court – Appellate Division
Writing for the CourtBIGELOW
Citation12 N.J.Super. 52,79 A.2d 57
PartiesBANGO v. CARTERET LIONS CLUB et al.
Docket NumberNo. A--464
Decision Date20 February 1951

Page 52

12 N.J.Super. 52
79 A.2d 57
BANGO

v.
CARTERET LIONS CLUB et al.
No. A--464.
Superior Court of New Jersey
Appellate Division.
Argued Jan. 22, 1951.
Decided Feb. 20, 1951.

Page 54

Robert C. Gruhin, Jersey City, argued the cause for the appellant.

John C. Stockel, Perth Amboy, argued the cause for the respondents.

Before Judges JACOBS, EASTWOOD and BIGELOW.

Page 55

[79 A.2d 58] The opinion of the court was delivered by

BIGELOW, J.A.D.

This appeal brings up for review a judgment of dismissal entered at the conclusion of the plaintiff's case. The plaintiff was a police officer assigned to duty on Pershing Avenue, a public highway in the Borough of Carteret, upon the occasion of a 'Soap Box Derby' which was held on that street. A 13-year-old boy, one of the contestants, coasting down the hill upon his home-made vehicle, lost control of it and ran into plaintiff, severely injuring him. To recovery compensation for his injuries, the action was brought.

A person who induces others to come upon his premises is under a duty to exercise reasonable care for their protection. He is not necessarily relieved of responsibility by the circumstance that the danger is created by an independent contractor. Sebeck v. Plattdeutsche Volkfest Verein, 64 N.J.L. 624, 46 A. 631, 50 L.R.A. 199 (E. & A. 1900). His duty extends to protection against the acts of third persons if he ought reasonably to have anticipated the occurrence. Exton v. Central R.R. Co., 62 N.J.L. 7, 42 A. 486, 56 L.R.A. 508 (Sup.Ct. 1898); Miller v. West Jersey & S.R.R. Co., 71 N.J.L. 363, 59 A. 13 (Sup.Ct. 1904). He may be liable though the place where the accident happened was public property, provided he asserted and maintained control of it. Skelly v. Pleasure Beach Corp., 115 Conn. 92, 160 A. 309 (Conn. 1932). The duty runs in favor of one who is not an invitee but who, like the plaintiff in the instant case, attends in the performance of a public duty. Restatement, Torts, § 345, illustration 2 and comment d. Cf. Barnett v. Atlantic City Electric Co., 87 N.J.L. 29, 93 A. 108 (Sup.Ct. 1915). But in order that the defendants be held liable, it must be shown that they had such degree of control that they could have averted the danger, or such superior knowledge that they should have foreseen and given warning of a danger not apparent to the plaintiff. For discussion of basis of liability to patron of amusement park, see Frear v. Manchester Traction etc. Co., 83 N.H. 64, 139 A. 86,...

To continue reading

Request your trial
11 practice notes
  • Krauth v. Geller, No. A--517
    • United States
    • New Jersey Superior Court – Appellate Division
    • 9 Marzo 1959
    ...reasonably anticipated or foreseen.' (15 N.J.Misc., at page 727, 194 A. at page 875). (We see nothing in Bango v. Carteret Lions Club, 12 N.J.Super. 52, 79 A.2d 57 (App.Div.1951), certification denied 7 N.J. 347, 81 A.2d 522 (1951), relied on by plaintiff by way of analogy, which dictates a......
  • Klinsky v. Hanson Van Winkle Munning Co., No. A--453
    • United States
    • New Jersey Superior Court – Appellate Division
    • 19 Diciembre 1955
    ...the association had control of the situation to such a degree that it could have averted the danger. Bango v. Carteret Lions Club, 12 N.J.Super. 52, 55, 79 A.2d 57 (App.Div.1951), certification denied, 7 N.J. 347, 81 A.2d 522 The action was properly dismissed as against the Hanson Van Winkl......
  • Watford v. Evening Star Newspaper Co., No. 11638.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 8 Enero 1954
    ...not reported. Accord: Macon Telegraph Pub. Co. v. Graden, 1949, 79 Ga.App. 230, 53 S.E. 2d 371. Contra: Bango v. Carteret Lions Club, 12 N.J.Super. 52, 79 A.2d 57, certification denied 1951, 7 N.J. 347, 81 A.2d 9 The jury's verdict could have been based on any one of the following findings:......
  • Bango v. Ward, No. A--128
    • United States
    • United States State Supreme Court (New Jersey)
    • 18 Mayo 1953
    ...close of plaintiff's case on defendants' motion under Rule 3:41--2. Upon appeal the judgment was affirmed. Bango v. Carteret Lions Club, 12 N.J.Super. 52, 79 A.2d 57 (App.Div.1951), certification denied 7 N.J. 347, 81 A.2d 522 (1951). The Appellate Division determined not only that 'there w......
  • Request a trial to view additional results
11 cases
  • Krauth v. Geller, No. A--517
    • United States
    • New Jersey Superior Court – Appellate Division
    • 9 Marzo 1959
    ...reasonably anticipated or foreseen.' (15 N.J.Misc., at page 727, 194 A. at page 875). (We see nothing in Bango v. Carteret Lions Club, 12 N.J.Super. 52, 79 A.2d 57 (App.Div.1951), certification denied 7 N.J. 347, 81 A.2d 522 (1951), relied on by plaintiff by way of analogy, which dictates a......
  • Klinsky v. Hanson Van Winkle Munning Co., No. A--453
    • United States
    • New Jersey Superior Court – Appellate Division
    • 19 Diciembre 1955
    ...the association had control of the situation to such a degree that it could have averted the danger. Bango v. Carteret Lions Club, 12 N.J.Super. 52, 55, 79 A.2d 57 (App.Div.1951), certification denied, 7 N.J. 347, 81 A.2d 522 The action was properly dismissed as against the Hanson Van Winkl......
  • Watford v. Evening Star Newspaper Co., No. 11638.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 8 Enero 1954
    ...not reported. Accord: Macon Telegraph Pub. Co. v. Graden, 1949, 79 Ga.App. 230, 53 S.E. 2d 371. Contra: Bango v. Carteret Lions Club, 12 N.J.Super. 52, 79 A.2d 57, certification denied 1951, 7 N.J. 347, 81 A.2d 9 The jury's verdict could have been based on any one of the following findings:......
  • Bango v. Ward, No. A--128
    • United States
    • United States State Supreme Court (New Jersey)
    • 18 Mayo 1953
    ...close of plaintiff's case on defendants' motion under Rule 3:41--2. Upon appeal the judgment was affirmed. Bango v. Carteret Lions Club, 12 N.J.Super. 52, 79 A.2d 57 (App.Div.1951), certification denied 7 N.J. 347, 81 A.2d 522 (1951). The Appellate Division determined not only that 'there w......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT