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KELLEY v. CURTISS

16 N.J. 265 (1954)

108 A.2d 431

GLADYS KELLEY AND LAWRENCE KELLEY, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. JOHN CURTISS, DEFENDANT, AND THE CITY OF NEWARK, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 11, 1954.

Attorney(s) appearing for the Case

Mr. Vincent P. Torppey argued the cause for appellant (Mr. Horace S. Belfatto, attorney; Mr. Torppey of counsel).

Mr. John A. Laird argued the cause for respondents (Messrs. Greenstone & Greenstone, attorneys; Mr. Laird of counsel).

The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

At the trial an involuntary dismissal was granted defendant City of Newark at the end of plaintiffs' case, and the jury returned a verdict of no cause for action in favor of the city's employee, the defendant Curtiss, a mounted police officer. Plaintiffs, husband and wife, sought damages for injuries sustained when the horse assigned to Curtiss for mounted police duty, while tethered unattended...

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