Rado v. Zlotnick
| Citation | 72 A.2d 533,7 N.J.Super. 197 |
| Decision Date | 17 April 1950 |
| Docket Number | No. A--232,A--232 |
| Parties | RADO v. ZLOTNICK et al. |
| Court | New Jersey Superior Court – Appellate Division |
Hyman W. Rosenthal, Newark, argued the cause for appellant; Harry Chashin, Bayonne, on the brief (Marcus & Levy, Paterson, attorneys).
Arthur J. Blake, Jersey City, argued the cause for respondents; Edward A. Markley, Jersey City, on the brief (Markley & Broadhurst, Jersey City, attorneys).
Before Judges McGEEHAN, COLIE and EASTWOOD.
The opinion of the court wad delivered by
McGEEHAN, S.J.A.D.
At the end of the plaintiff's case, in the Law Division of the Superior Court, the defendants moved for judgment for defendants and against the plaintiff. The motion was granted and plaintiff appeals from the judgment entered.
The plaintiff sued for personal injuries sustained by him when he tripped over logs lying in the rear yard of premises owned by the defendants. The plaintiff was a tenant of the defendants, having rented the first floor apartment of the two-family dwelling and a garage on the left rear part of the premises about three years prior to the date of the accident. The rear yard was for the common use of the tenants. On the left side of the dwelling there was a driveway leading to the plaintiff's garage. There was a back door leading to the rear yard. A concrete walk about twelve inches wide ran along the rear of the building from the back door over to the driveway, a distance of about fifteen and one-half feet.
In July, 1947, the defendants were engaged in sawing a telephone pole, fourteen to sixteen inches in diameter, into sections about four to five feet long. The plaintiff aided the defendants in sawing the pole, and assisted the defendant Harry Zlotnick in carrying two of the logs to the rear yard and in placing them near the concrete walk, one about two inches and the other about two feet therefrom. At that time Harry Zlotnick told the plaintiff that he would put the logs in back of the garage on the following day. About three weeks later, on the night of August 7, 1947, between 9:30 and 10 P.M., the plaintiff left his apartment, with the intention of going to his garage in order to get some scissors from the trunk of his car. He generally used the front door in going to and from his garage, because the back door was usually locked. On this occasion, he went out the back door, walked left 'on that concrete because it was dark and I know that pole was there' and then, while taking a 'little shortcut' from the walk across the grass to get to the garage, he misjudged his step and tripped over one of the logs lying near the concrete walk. The...
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Bree v. Jalbert
...A.2d 298 (1958); Bates v. Valley Fair Enterprises, Inc., 86 N.J.Super. 1, 205 A.2d 746 (App.Div.1964); but cf. Rado v. Zlotnick, 7 N.J.Super. 197, 72 A.2d 533 (App.Div.1950) , certification denied 5 N.J. 346, 75 A.2d 762 Defendants also moved to have the lighting issue withdrawn from the ju......
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Gentile v. Public Service Coordinated Transport, A--729
...109 N.J.L. 123, 160 A. 319 (E. & A.1932); Laskowski v. Mankovich, 159 A. 398, 10 N.J.Misc. 441 (Sup.Ct.1932); Rado v. Zlotnick, 7 N.J.Super. 197, 72 A.2d 533 (App.Div.1950). In the consideration of motions for the involuntary dismissal of an action, the present analogue of the superseded mo......
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Benton v. Young Men's Christian Ass'n of Westfield
...See Bianchi v. South Park Presbyterian Church, 123 N.J.L. 325, 334, 8 A.2d 567, 124 A.L.R. 808 (E. & A. 1939); Rado v. Zlotnick, 7 N.J.Super. 197, 199, 72 A.2d 533 (App.Div.1950), certification denied 5 N.J. 346, 75 A.2d 762 (1950). If the reasonably prudent person would not have used the s......
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Koch v. La Porta
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