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CWIK v. ZYLSTRA

58 N.J. Super. 29 (1959)

155 A.2d 277

HENRY J. CWIK, SR., GUARDIAN AD LITEM, ETC., PLAINTIFF-APPELLANT, v. LOUIS ZYLSTRA AND TESSIE ZYLSTRA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 1959.

Attorney(s) appearing for the Case

Mr. Frank G. Schlosser argued the cause for plaintiff-appellant (Messrs. Mackerly & Friedman, attorneys; Mr. William J. McGovern, on the brief).

Mr. John C. Stockel argued the cause for defendants-respondents.

Before Judge GOLDMANN, FREUND and HANEMAN.

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

Defendants, Louis Zylstra and his wife Tessie, were sued for negligence in allowing their grandson, Henry Cwik, Jr., (hereinafter "Jody") to fall into a pail of scalding water while the boy was in their care. The plaintiff is Jody's father and defendants' son-in-law, and he seeks to recover damages as parent per quod and as guardian ad litem of his son. This appeal is from the action of the Hunterdon...

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