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MILES v. PARRISH

48 N.J. 554 (1967)

226 A.2d 833

WILLIAM J. MILES, AN INFANT BY HIS GUARDIAN AD LITEM WILLIAM N. MILES, AND WILLIAM N. MILES, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. JACK PARRISH, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 20, 1967.

Attorney(s) appearing for the Case

Mr. John A. Pindar argued the cause for appellant (Messrs. Pindar, McElroy, Connell and Foley, attorneys; Mr. Pindar, of counsel; Mrs. Sonia Napolitano, on the brief).

Mr. George J. Shamy argued the cause for respondents (Messrs. Pincus, Shamy and Sheehan, attorneys).

The opinion of the court was delivered

PER CURIAM.

This action sought damages as a result of personal injuries sustained by the infant plaintiff following a fall from a play apparatus located in the yard of the defendant, who was a neighbor. The trial court granted a judgment of involuntary dismissal on the plaintiffs' opening. The Appellate Division, in an unreported opinion, reversed and remanded for a new trial on the thesis of impropriety in ordinarily...

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