Snyder v. I. Jay Realty Co., No. A--388

CourtNew Jersey Superior Court – Appellate Division
Citation134 A.2d 749,46 N.J.Super. 323
Docket NumberNo. A--388
PartiesMartin SNYDER, Plaintiff-Appellant, v. I. JAY REALTY CO., etc., et al., Defendants-Respondents.
Decision Date23 September 1957

Page 323

46 N.J.Super. 323
134 A.2d 749
Martin SNYDER, Plaintiff-Appellant,
v.
I. JAY REALTY CO., etc., et al., Defendants-Respondents.
No. A--388.
Superior Court of New Jersey
Appellate Division.
Argued Sept. 4, 1957.
Decided Sept. 23, 1957.

Page 325

[134 A.2d 750] Bernard Chazen, Hoboken, for plaintiff-appellant (Theodore Schwartz, Hoboken, attorney; Nathan Baker, Hoboken, of counsel).

Milton A. Dauber, Jersey City, for defendant-respondent I. Jay Realty Co., the landlord (Carpenter, Bennett, Beggans & Morrissey, Jersey City, attorneys; James P. Beggans, Jersey City, of counsel).

George W. Connell, Newark, for defendants-respondents Arnold Sachs, Isidore Sachs and T. Nulton Sachs, partners, t/a the New Jersey Knitwear Co. and New Jersey Knit Wear Co., a corporation, the alleged tenants (Shaw, Pindar, McElroy & Connell, Newark, attorneys).

Before Judges CLAPP, JAYNE and HUGHES.

The opinion of the court was delivered by

CLAPP, S.J.A.D.

This action, to recover damages for personal injuries, was dismissed on the attorney's opening statement to the court and jury upon the ground that the statement did not disclose a cause of action. Plaintiff appeals.

These circumstances did however appear on the opening. The defendants were respecitively the owner of a factory building and the tenants whose factory was located on the third floor of the premises. One night plaintiff went to the tenants' premises with his friend, Frank Sellick, a truck-driver employed by them. He apparently went there in the latter's truck, intending to stay on the premises with Sellick until Sellick had finished his work and then to go on with him upon a personal matter. Tenants' foreman, 'who was there,' told plaintiff to sit down and have a coke or just wait until Sellick got through. On other occasions Sellick

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had brought people to the premises, and though the tenants knew of this, nothing had been said.

Sellick and another employee proceeded to load an elevator with cartons, and he then invited the plaintiff to go down with them on the elevator. The elevator shaft passed 'through a driveway and a (loading) platform in the back,' a part of the premises owned and apparently controlled by the landlord. When the elevator reached the platform, Sellick picked up a carton, and plaintiff did likewise, following the two employees as they walked off the elevator to load a truck (whether it was Sellick's truck does not appear); plaintiff's purpose was to help them load the truck. One leaving the elevator had to proceed along this platform, skirting a 'trench' or opening, three feet deep, with no guard rail around it. On the night we are speaking of, it was somewhat dark. A socket or apparatus for an electric light bulb had been placed over the door, but it was rusted and 'decayed,' and for months there had been no light in the area. Plaintiff fell into the trench, while carrying the carton, thereby sustaining the injuries for which he brings this action.

The landlord knew that the tenants' factory was in operation sometimes 24 hours a day and that people 'were using this place' (that is, apparently, the platform referred to); it 'was a passageway which was used for people to walk in.' Moreover,[134 A.2d 751] it appeared that Sellick himself had been hurt because of the failure to put a light there, and had complained to the tenants of the failure so to do.

We deal first with plaintiff's claim against the landlord. The landlord contends that plaintiff was merely its licensee and therefore under no duty to him, except with respect to traps and concealed dangers. But cf. Mistretta v. Alessi, 45 N.J.Super. 176, 131 A.2d 891 (App.Div.1957), as to the duty owed by a possessor of land to his licensee

The landlord has not, we think, properly analyzed the relationships here. As the jury could have found, the tenants had, after plaintiff's arrival on the premises, indicated a willingness to have him enter those premises and remain

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there until Sellick left. He was therefore their licensee. Restatement, Torts, § 330, comment (a), § 332, comment (h); Imre v. Riegel Paper Corp., 24 N.J....

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5 practice notes
  • Snyder v. I. Jay Realty Co., Nos. A--120
    • United States
    • United States State Supreme Court (New Jersey)
    • June 30, 1959
    ...as to both defendants on plaintiff's opening statement to the jury. The Appellate Page 308 Division reversed and ordered a new trial. 46 N.J.Super. 323, 134 A.2d 749 (1957). This court denied certification. 25 N.J. 316, 136 A.2d 78 (1957). At the retrial, upon the conclusion of the entire c......
  • Nelson v. Great Atlantic & Pacific Tea Co., No. A--586
    • United States
    • New Jersey Superior Court – Appellate Division
    • January 9, 1958
    ...at that juncture when the jury is already drawn and the witnesses are in court or are about to be called.' Snyder v. I. Jay Realty Co., 46 N.J.Super. 323, 330, 134 A.2d 749, 753 Respondent additionally concedes that upon a defendant's motion for an involuntary dismissal, all of plaintiffs' ......
  • Farkas v. Board of Chosen Freeholders of Middlesex County, No. A--662
    • United States
    • New Jersey Superior Court – Appellate Division
    • March 24, 1958
    ...exists. Best v. District of Columbia, 291 U.S. 411, 415, 54 S.Ct. 487, 78 L.Ed. 882 (1933). And see Snyder v. I. Jay Realty Co., 46 N.J.Super. 323, 328, 134 A.2d 749 (App.Div.1957); Ross v. Orr, 3 N.J. 277, 284, 69 A.2d 730 Defendant's argument on its motion for dismissal before the trial c......
  • Snyder v. I. Jay Realty Co., No. A--452
    • United States
    • New Jersey Superior Court – Appellate Division
    • December 19, 1958
    ...trial judge granted an involuntary dismissal on plaintiff's opening statement. The Appellate Division reversed and ordered a new trial, 46 N.J.Super. 323, 134 A.2d 749 (1957). The Supreme Court denied certification, 25 N.J. 316, 136 A.2d 78 (1957). The case was tried again before the Superi......
  • Request a trial to view additional results
5 cases
  • Snyder v. I. Jay Realty Co., Nos. A--120
    • United States
    • United States State Supreme Court (New Jersey)
    • June 30, 1959
    ...as to both defendants on plaintiff's opening statement to the jury. The Appellate Page 308 Division reversed and ordered a new trial. 46 N.J.Super. 323, 134 A.2d 749 (1957). This court denied certification. 25 N.J. 316, 136 A.2d 78 (1957). At the retrial, upon the conclusion of the entire c......
  • Nelson v. Great Atlantic & Pacific Tea Co., No. A--586
    • United States
    • New Jersey Superior Court – Appellate Division
    • January 9, 1958
    ...at that juncture when the jury is already drawn and the witnesses are in court or are about to be called.' Snyder v. I. Jay Realty Co., 46 N.J.Super. 323, 330, 134 A.2d 749, 753 Respondent additionally concedes that upon a defendant's motion for an involuntary dismissal, all of plaintiffs' ......
  • Farkas v. Board of Chosen Freeholders of Middlesex County, No. A--662
    • United States
    • New Jersey Superior Court – Appellate Division
    • March 24, 1958
    ...exists. Best v. District of Columbia, 291 U.S. 411, 415, 54 S.Ct. 487, 78 L.Ed. 882 (1933). And see Snyder v. I. Jay Realty Co., 46 N.J.Super. 323, 328, 134 A.2d 749 (App.Div.1957); Ross v. Orr, 3 N.J. 277, 284, 69 A.2d 730 Defendant's argument on its motion for dismissal before the trial c......
  • Snyder v. I. Jay Realty Co., No. A--452
    • United States
    • New Jersey Superior Court – Appellate Division
    • December 19, 1958
    ...trial judge granted an involuntary dismissal on plaintiff's opening statement. The Appellate Division reversed and ordered a new trial, 46 N.J.Super. 323, 134 A.2d 749 (1957). The Supreme Court denied certification, 25 N.J. 316, 136 A.2d 78 (1957). The case was tried again before the Superi......
  • Request a trial to view additional results

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