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GARGIULO v. GARGIULO

13 N.J. 8 (1953)

97 A.2d 593

BERNARD W. GARGIULO, AN INFANT, BY ELIZABETH M. LOMBARDI, HIS GUARDIAN AD LITEM, PLAINTIFF-RESPONDENT, v. BERNARD S. GARGIULO, T/A VALLEY FOOD MARKET AND BANKERS INDEMNITY INSURANCE COMPANY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 22, 1953.

Attorney(s) appearing for the Case

Mr. Thomas J. Brett argued the cause for appellant (Messrs. O'Brien, Brett & O'Brien, attorneys).

Mr. Samuel H. Nelson argued the cause for respondent (Mr. Sidney C. Swirsky, attorney).

The opinion of the court was delivered by WACHENFELD, J.

The mishap which gave rise to this litigation in the Workmen's Compensation Division was occasioned by a boy's shooting an arrow in the direction of a tree on the property of the employer. The arrow struck the petitioner, who was then in the course of his duties as a clerk in the employer's store on the premises. The petitioner did not know where the arrow came from and heard only a cry, "Look out," before he...

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