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Pleva v. Gootzeit

Decided: February 4, 1935.

ANNA PLEVA, PLAINTIFF-RESPONDENT,
v.
SAMUEL GOOTZEIT, DEFENDANT-APPELLANT



On defendant's appeal from the Hudson Common Pleas Court.

For the appellant, Reynier J. Wortendyke, Jr.

For the respondent, Edward A. Markley.

Before Brogan, Chief Justice, and Justices Parker and Bodine.

Parker

The opinion of the court was delivered by

PARKER, J. In its fundamentals, the case belongs to the class of which Siggins v. McGill, 72 N.J.L. 263, is typical. The following paragraph taken from the brief for respondent sufficiently states the facts which on the evidence the jury was entitled to find:

"The action was for personal injuries sustained by the plaintiff upon leaving the office of a Dr. Irwin I. Harris at 254 Jackson avenue, Jersey City, where she had been for dental treatment. Dr. Harris was a tenant on the second floor of the building which was owned by the defendant who controlled

the common passageways thereof. The plaintiff was descending the common stairway from the second to the first floor when she was caused to fall by reason of its defective condition due to defendant's negligence."

The points made in the brief for appellant (there was no oral argument) and which are supported by suitable grounds of appeal, are:

"I. The trial court abused its discretion in denying defendant's motion for a mistrial and in commenting upon the matter of insurance while the jury was being selected.

"II. Plaintiff was not entitled to any recovery for loss of earnings in this case.

"III. The trial court erroneously charged the jury that contributory negligence is the ...


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