Becker v. City of Newark, No. A--48

CourtNew Jersey Superior Court – Appellate Division
Writing for the CourtFOLEY
Citation178 A.2d 364,72 N.J.Super. 355
Docket NumberNo. A--48
Decision Date26 February 1962
PartiesJean Marie BECKER, by her guardian ad litem Joseph Becker and Jseph Becker, individually, Plaintiffs-Respondents, v. The CITY OF NEWARK and Helen McEntee, Defendants-Appellants.

Page 355

72 N.J.Super. 355
178 A.2d 364
Jean Marie BECKER, by her guardian ad litem Joseph Becker
and Jseph Becker, individually, Plaintiffs-Respondents,
v.
The CITY OF NEWARK and Helen McEntee, Defendants-Appellants.
No. A--48.
Superior Court of New Jersey
Appellate Division.
Argued Jan. 15, 1962.
Decided Feb. 26, 1962.

Page 356

[178 A.2d 365] Richard A. Walsh, Newark, for appellant, City of Newark (Vincent P. Torppey, Newark, attorney).

Gregory J. Castano, Newark, for respondents (Thomas E. Durkin, Jr., Newark, attorney).

Before Judges GOLDMANN, FREUND and FOLEY.

The opinion of the court was delivered by

FOLEY, J.A.D.

The City of Newark appeals from a judgment in favor of the plaintiffs entered in the county district court after a trial without jury.

The city is the owner and operator of the Hayes Park East Swimming Pool. The pool is open to use by the general public and concededly its operation is a proprietary

Page 357

function. See Weeks v. Newark, 62 N.J.Super. 166, 162 A.2d 314 (App.Div.1960), affirmed o.b., 34 N.J. 250, 168 A.2d 11 (1961).

Defendant Helen McEntee was an employee of the city in charge of the ladies locker room of the pool. Her immediate superior was Martin N. Manning, who was in general charge of the pool operation.

On September 1, 1960 at 10:00 A.M. the infant plaintiff, then 12 years of age, accompanied by girls of her age group arrived at the pool to go swimming. They entered the ladies locker room where they undressed in curtain covered cubicles, placed their clothes in baskets provided for the purpose, and checked the baskets with Mrs. McEntee. As they left the locker room Jean Marie noticed a young boy riding a tricycle in the locker room. The child was subsequently [178 A.2d 366] identified as Mrs. McEntee's five-year old son, Philip.

At about 12:30 P.M. the girls returned to the locker room and dressed to go home. Jean Marie stepped from the cubicle to an open area where she might more conveniently put on her shoes and socks. As she bent down to put on one shoe, Philip backed his tricycle against her right ankle severely injuring her Achilles Tendon.

Evidence was offered by the city through Mr. Manning that the riding of tricycles or bicycles in the locker room is contrary to the regulations promulgated by the city for the use of the locker room, and that this had been brought to the attention of employee attendants of the pool. There also was evidence that on at least two prior occasions Mrs....

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5 practice notes
  • Clohesy v. Food Circus Supermarkets, Inc.
    • United States
    • United States State Supreme Court (New Jersey)
    • June 26, 1997
    ...210] (App. Div.1951); Crammer v. Willston Operating Co., Inc., 19 N.J.Super. 489, 490 [88 A.2d 630] (App. Div.1952); Becker v. Newark, 72 N.J.Super. 355, 358 [178 A.2d [694 A.2d 1029] 364] (App. Div. 1962); cf. Neering v. Illinois Central R.R. Co., 383 Ill. 366, 50 N.E.2d 497 (1943); Quigle......
  • Goldberg v. Housing Authority of City of Newark, No. A--3
    • United States
    • New Jersey Supreme Court
    • December 3, 1962
    ...there were sufficient ushers to protect patrons from skating which was hazardous in view of the crowd. In Becker v. City of Newark, 72 N.J.Super. 355, 178 A.2d 364 (App.Div.1962), defendant's employee, contrary to rules and regulations, permitted a five-year-old to ride a tricycle in the lo......
  • Anske v. Borough of Palisades Park
    • United States
    • New Jersey Superior Court – Appellate Division
    • February 19, 1976
    ...v. Newark, 87 N.J.Super. 38, 42, 207 A.2d 719 (Law Div. 1965), aff'd 90 N.J.Super. 68, 216 A.2d 246 (App.Div.1966); Becker v. Newark, 72 N.J.Super. 355, 358, 178 A.2d 364 (App.Div. 1962); Doyle v. Loft, 98 N.J.L. 516, 120 A. 2 (E. & A.1923). What was said and done by the employee in this in......
  • Wall v. Hudson County Park Commission, No. A--309
    • United States
    • New Jersey Superior Court – Appellate Division
    • September 17, 1963
    ...Milstrey v. Hackensack, 6 N.J. 400, 79 A.2d 37 (1951); Hartman v. Brigantine, 23 N.J. 530, 129 A.2d 876 (1957); Becker v. Newark, 72 N.J.Super. 355, 178 A.2d 364 (App.Div.1962); Hammond v. County of Monmouth, 117 N.J.L. 11, 186 A. 452 (Sup.Ct.1936); Selph v. Morristown, 195 A. 862, 16 N.J.M......
  • Request a trial to view additional results
5 cases
  • Clohesy v. Food Circus Supermarkets, Inc.
    • United States
    • United States State Supreme Court (New Jersey)
    • June 26, 1997
    ...210] (App. Div.1951); Crammer v. Willston Operating Co., Inc., 19 N.J.Super. 489, 490 [88 A.2d 630] (App. Div.1952); Becker v. Newark, 72 N.J.Super. 355, 358 [178 A.2d [694 A.2d 1029] 364] (App. Div. 1962); cf. Neering v. Illinois Central R.R. Co., 383 Ill. 366, 50 N.E.2d 497 (1943); Quigle......
  • Goldberg v. Housing Authority of City of Newark, No. A--3
    • United States
    • New Jersey Supreme Court
    • December 3, 1962
    ...there were sufficient ushers to protect patrons from skating which was hazardous in view of the crowd. In Becker v. City of Newark, 72 N.J.Super. 355, 178 A.2d 364 (App.Div.1962), defendant's employee, contrary to rules and regulations, permitted a five-year-old to ride a tricycle in the lo......
  • Anske v. Borough of Palisades Park
    • United States
    • New Jersey Superior Court – Appellate Division
    • February 19, 1976
    ...v. Newark, 87 N.J.Super. 38, 42, 207 A.2d 719 (Law Div. 1965), aff'd 90 N.J.Super. 68, 216 A.2d 246 (App.Div.1966); Becker v. Newark, 72 N.J.Super. 355, 358, 178 A.2d 364 (App.Div. 1962); Doyle v. Loft, 98 N.J.L. 516, 120 A. 2 (E. & A.1923). What was said and done by the employee in this in......
  • Wall v. Hudson County Park Commission, No. A--309
    • United States
    • New Jersey Superior Court – Appellate Division
    • September 17, 1963
    ...Milstrey v. Hackensack, 6 N.J. 400, 79 A.2d 37 (1951); Hartman v. Brigantine, 23 N.J. 530, 129 A.2d 876 (1957); Becker v. Newark, 72 N.J.Super. 355, 178 A.2d 364 (App.Div.1962); Hammond v. County of Monmouth, 117 N.J.L. 11, 186 A. 452 (Sup.Ct.1936); Selph v. Morristown, 195 A. 862, 16 N.J.M......
  • Request a trial to view additional results

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