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IRIANNE v. DIAMOND T OF HUDSON CTY., INC.

94 N.J. Super. 148 (1967)

227 A.2d 335

JAMES IRIANNE, PLAINTIFF-APPELLANT, v. DIAMOND T OF HUDSON COUNTY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 2, 1967.

Attorney(s) appearing for the Case

Mr. Manfred F. Salomon argued the cause for appellant (Messrs. Cole and Cole, attorneys).

Mr. Frank Fink argued the cause for respondent (Messrs. Stevens and Mathias, attorneys; Mr. Joel D. Lowinger, of counsel).

Before Judges GAULKIN, LEWIS and LABRECQUE.

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

Plaintiff appeals from the involuntary dismissal of his suit for personal injuries.

Plaintiff, a truck driver, while en route to a destination in Connecticut found the brakes of his employer's truck to be inoperative. He drove into a nearby gas station and, upon reporting the situation by telephone to his employer, was instructed to leave the truck there and "come in and we'll have somebody in the...

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