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O'DONNELL v. ASPLUNDH TREE EXPERT CO.

25 N.J. Super. 335 (1953)

96 A.2d 534

RICHARD O'DONNELL, PLAINTIFF-APPELLANT, v. ASPLUNDH TREE EXPERT CO., A/K/A THE ASPLUNDH CO., A CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1953.

Attorney(s) appearing for the Case

Mr. Sidney M. Schreiber argued the cause for appellant (Messrs. McKeown, Schreiber, Lancaster & Demos, attorneys; Mr. Roger F. Lancaster, on the brief).

Mr. James B. Emory argued the cause for respondent (Messrs. Emory, Langan & Lamb, attorneys; Mr. James J. Langan, on the brief).

Before Judges EASTWOOD, BIGELOW and JAYNE.

The opinion of the court was delivered by JAYNE, J.A.D.

The mishap which has occasioned the present litigation occurred at Chelsea Place in East Orange on March 30, 1950. The plaintiff was engaged in the pursuit of his employment by the East Orange Shade Tree Commission and had ascended a swamp oak tree to perform some pruning of its limbs and branches. He was wearing a safety saddle and belt, to which was attached a clip, hook, or snap through the collar of which...

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