LONG v. SUTHERLAND-BACKER CO.


92 N.J. Super. 556 (1966)

224 A.2d 329

JAMES W. LONG, AS ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF JAMES W. LONG, JR., DECEASED, ETC., PLAINTIFF-RESPONDENT, v. SUTHERLAND-BACKER COMPANY, A BODY CORPORATE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1966.


Attorney(s) appearing for the Case

Mr. Robert V. Carton argued the cause for appellant (Messrs. Carton, Nary, Witt & Arvanitis, attorneys).

Mr. Peter Shebell, Jr. argued the cause for respondent (Mr. Thomas F. Shebell, attorney).

Before Judges SULLIVAN, LEWIS and KOLOVSKY.


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

Plaintiff, as administrator ad prosequendum, recovered a $13,500 judgment in a suit under the Death Act. The decedent was an infant trespasser on defendant's property. He was killed when a heavy two-wheel cement mixer with which he and three other boys were playing was caused to topple forward.

The boys had entered upon defendant's property through a hole in the wall of defendant's shed which...

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