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ADLER'S QUALITY BAKERY, INC. v. GASETERIA, INC.

32 N.J. 55 (1960)

159 A.2d 97

ADLER'S QUALITY BAKERY, INC., ET ALS., PLAINTIFFS-RESPONDENTS, v. GASETERIA, INC., A CORPORATION OF INDIANA, DEFENDANT-APPELLANT AND THIRD-PARTY PLAINTIFF, v. RKO TELERADIO PICTURES, INC., A CORPORATION OF THE STATE OF NEW YORK, AUTHORIZED TO DO BUSINESS IN NEW JERSEY, THIRD-PARTY DEFENDANT-APPELLANT AND FOURTH-PARTY PLAINTIFF-RESPONDENT, v. BONDED GAS & OIL SYSTEM, INC., A CORPORATION, FOURTH-PARTY DEFENDANT-APPELLANT, AND ROSCOE TURNER AERONAUTICAL CORPORATION, A CORPORATION, FOURTH-PARTY DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 22, 1960.

Attorney(s) appearing for the Case

Messrs. William Hart and Joseph V. Cullum argued the cause for the defendants-appellants, Gaseteria, Inc., and Bonded Gas & Oil System, Inc. (Messrs. Thomas F. Doyle and Joseph V. Cullum, of counsel; Messrs. Townsend & Doyle, attorneys).

Mr. Samuel A. Gennett argued the cause for the plaintiffs-respondents, Adler's Quality Bakery, Inc., et als.

Mr. John Milton, Jr., argued the cause for the fourth-party defendant-appellant, Roscoe Turner Aeronautical Corporation (Messrs. Milton, McNulty & Augelli, attorneys; Messrs. John Milton, Jr., John J. Hanlon, Jr., and Allan H. Klinger, of counsel and on the brief).

Mr. Willard G. Woelper argued the cause for the third-party defendant-respondent and fourth-party plaintiff-respondent, RKO Teleradio Pictures, Inc. (Messrs. Toner, Crowley, Woelper & Vanderbilt, attorneys; Messrs. Willard G. Woelper and Allan R. Roth, of counsel; Mr. Allan R. Roth, on the brief).

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

This case arises out of a collision of an airplane with a television tower located in North Bergen Township, Hudson County, New Jersey on November 8, 1956. Numerous claims were made by persons living or working in the immediate area of the tower involving real and personal property and incidental pecuniary losses allegedly caused by the precipitation to earth of the debris of the accident. The Superior Court, Law...

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