Decided: October 20, 1936.
ELMER E. TARBURTON, PLAINTIFF-RESPONDENT,
ALBERT C. HAGEMANN AND EDWARD POLE, PARTNERS, TRADING AS HAGEMANN & POLE, DEFENDANTS-APPELLANTS
On appeal from the Supreme Court.
For the defendants-appellants, Ralph W. Wescott and Louis B. LeDuc.
For the plaintiff-respondent French, Richards & Bradley (Floyd H. Bradley).
[117 NJL Page 294]
The proofs examined, it clearly appears that a factual question arose as to whether the plaintiff was an invitee at the time of his injuries. This factual question was submitted to the jury by the learned trial judge in a fail and well balanced charge. Timannus v. DeWitt, 109 N.J.L. 168.
The judgment under review is affirmed.
For affirmance -- THE CHANCELLOR, CHIEF JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, HEHER, PERSKIE, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, COLE, JJ. 15.
For reversal -- None.