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HARRISON v. MIDDLESEX WATER COMPANY

158 N.J. Super. 368 (1978)

386 A.2d 405

LOUISE T. HARRISON, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF WILLIAM B. HARRISON, DECEASED, PLAINTIFF-APPELLANT, v. MIDDLESEX WATER COMPANY AND TOWNSHIP OF CLARK, NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Memoranda Submitted February 21, 1978.

March 9, 1978.

Decided March 31, 1978.

Attorney(s) appearing for the Case

Mr. William J. Gearty argued the cause for the appellant.

Mr. Robert T. Hueston argued the cause for the respondent Middlesex Water Company (Messrs. Hueston, Hueston and Sheehan, attorneys).

Mr. Michael John Stone argued the cause for the respondent Township of Clark (Messrs. Hoagland, Longo, Oropollo & Moran, attorneys).

Before Judges FRITZ, BOTTER and ARD.

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

The deceased, plaintiff's husband, died in a heroic attempt to rescue two 15-year-old boys who had fallen through the ice while skating on a reservoir owned by Middlesex Water Company (water company) and located in the Township of Clark (township). At the close of plaintiff's case the trial judge granted the water company's motion for an involuntary dismissal (R. 4:37-2(b)) and the township's motion for...

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