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BENTON v. Y.M.C.A.

27 N.J. 67 (1958)

141 A.2d 298

LUCILLE BENTON AND THOMAS R. BENTON, PLAINTIFFS-APPELLANTS, v. YOUNG MEN'S CHRISTIAN ASSOCIATION OF WESTFIELD, NEW JERSEY, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided April 28, 1958.

Attorney(s) appearing for the Case

Mr. Stanley W. Greenfield argued the cause for the appellants (Mr. Sanford Halberstadter, on the brief).

Mr. Harvey G. Stevenson argued the cause for the respondent (Messrs. Stevenson & Willette, attorneys).

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

At the close of the plaintiffs' case the trial judge dismissed the action because he believed (1) that the evidence established as a matter of law that the injured plaintiff had assumed the risk of injury resulting from the defendant's negligence, and (2) that in any event the defendant's status as a charitable institution vested it with an immunity from tort responsibility to the plaintiffs. The Appellate Division...

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