Summary
In Long v. Sutherland-Backer Co., 48 N.J. 134, 224 A.2d 321, rev'g per curiam 92 N.J. Super. 556, 224 A.2d 329 (App. Div. 1966), a boy had been killed when he and several companions entered a construction site and began to play with a cement mixer, which tipped forward and crushed the boy.
Summary of this case from Fulginiti v. ToccoOpinion
Argued October 24, 1966 —
Decided November 7, 1966.
Appeal from Superior Court, Appellate Division.
Mr. James D. Carton, III 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).
The opinion of the court was delivered
The judgment is reversed for the reasons expressed in the dissenting opinion of Judge Kolovsky in the Appellate Division, 92 N.J. Super. 556.
For reversal — Chief Justice WEINTRAUB and Justices JACOBS, FRANCIS, HALL, SCHETTINO and HANEMAN — 6.
For affirmance — None.