Broame v. N.J. Conference Camp Meeting Ass'n
| Decision Date | 21 June 1912 |
| Citation | 83 A. 901,83 N.J.L. 621 |
| Parties | BROAME v. NEW JERSEY CONFERENCE CAMP MEETING ASS'N (TWO CASES). |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Error to Circuit Court, Camden County.
Action by William Broame against the New Jersey Conference Camp Meeting Association, and action by Mary Broame against the same defendant. Judgments for plaintiffs, and defendant brings error. Affirmed.
John Boyd Avis, of Woodbury, for plaintiff in error.
Wescott & Wescott, of Camden, for defendants in error.
These cases were tried together. One was a suit by a wife for damages for injuries claimed to have been sustained by her by reason of the defendant's negligence. The other was a suit by her husband for the damage resulting to him on account of the injuries to his wife.
The errors assigned are the denial by the trial court of a motion for a nonsuit and a motion for a direction of a verdict. On such assignments of error the defendants in error are entitled to have the testimony considered by us in the aspect which is favorable to them. Looked at from that viewpoint, the case presents the following facts: The defendants in error, plaintiffs below, worked as cooks for one Walton, who conducted a hotel owned by the plaintiff in error, known as the Grove House, and which had been sublet to him by the lessee of plaintiff in error. In the performance of her duties, Mary Broame had to hang clothes in the hotel yard. There was a cesspool in the yard over and around which she had to walk while doing this work. At the time of the accident, while so engaged, she stepped on the cover of the cesspool, which was improperly fastened, fell into the pool, and was injured. The cesspool was a receptacle for slops from the hotel kitchen, and was cleaned out from time to time, as it filled up, by the employées of the plaintiff in error. They had cleaned it out the night before Mrs. Broame was hurt or the same day. It was Walton's custom to notify the plaintiff in error whenever the pool needed cleaning out. Although by the terms of the lease under which Walton held he was to be responsible for the removal of all slops, the plaintiff in error compelled him to pay half of the expense of this work, and bore the other half itself. No other persons than the employées of plaintiff in error ever cleaned out the cesspool.
The jury might have found these facts. It might have inferred therefrom that the improper fastening of the cover of the cesspool...
To continue reading
Request your trial
-
Colligan v. 680 Newark Ave. Realty Corp...
...Barron v. Liedloff, supra. The principle of limited possession and control is exemplified in the case of Broame v. New Jersey Conference, 83 N.J.L. 621, 83 A. 901. We need not decide whether notice is necessary to fix the landlord's liability in the case of ordinary repairs. Here, the natur......
-
Pyle v. Fid. Philadelphia Trust Co.
...to the demised premises and negligently performs such work. La Brasca v. Hinchman, 81 N.J.L. 367, 79 A. 885; Broame v. New Jersey Conference, 83 N.J. L. 621, 83 A. 901; Charney v. Cohen, 94 N.J. L. 381, 110 A. 698, affirmed, 95 N.J.L. 538, 112 A. 893; Nilsson v. Abruzzo, 107 N.J.L. 327, 153......
-
Horton v. Early
...St. Rep. 537; Little et al. v. McAdaras, 38 Mo. App. 187; Finer v. Nichols, 158 Mo. App. 539, 138 S.W. 889; Broame v. New Jersey Conference Camp Meeting, 83 N.J.L. 621, 83 A. 901; Salvetta v. Farley et al. (Sup.) 123 N.Y.S. 230; Wilcox v. Hines, 100 Tenn. 538, 46 S.W. 297, 41 L.R.A. 278, 66......
-
McKenna v. Grunbaum
... ... (McAlinden v. St. Maries Hospital ... Assn., 28 Idaho 657, Ann. Cas. 1918A, 380, 156 P. 115; ... Southern Idaho Conference Assn. etc. Adventists v ... Hartford Fire Ins ... 1039, L. R. A. 1915B, ... 364; Broame v. New Jersey Conference Campmeeting ... Assn., ... ...