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Masi v. R.A. Jones Co.

Decided: October 31, 1978.

VINCENT MASI AND CAROLINE MASI, PLAINTIFFS-APPELLANTS,
v.
R.A. JONES CO., DEFENDANT-RESPONDENT



On appeal from the Superior Court of New Jersey, Law Division, Middlesex County.

Halpern, Ard and Antell.

Per Curiam

Plaintiff, Vincent Masi, an employee at Personal Products Co., sustained injuries while working on a machine known as the "Jones Constant Motion Cartoner" manufactured by defendant, R.A. Jones Co. His wife sues per quod.

Plaintiffs' complaint is sounded in strict liability and negligence. The matter was tried on the issue of liability only and resulted in a unanimous verdict in favor of defendant.

On appeal plaintiffs urge:

Point 1 The court erred in submitting the case to the jury on the

theory of strict liability in tort only, and not also on ques-

tion of negligence

Point 2 The court erred in refusing to charge the substance of

Bexiga v. Havir, 60 N.J. 402 to the effect that the manu-

facturer of a machine can't leave the option of guarding

to the employer of the injured employee and also under

Finnegan v. Havir, 60 N.J. 413

Point 3 The court erred in refusing to charge that negligence need

not be proved to hold the defendant liable in strict liability

Point 4 Court erred in refusing to charge that the ...


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