Supreme Court of New Jersey, 1960

Callahan v. Dearborn Developments, Inc.

Callahan v. Dearborn Developments, Inc.
Supreme Court of New Jersey · Decided March 21, 1960 · Per Curiam
158 A.2d 830; 32 N.J. 27; 1960 N.J. LEXIS 189 (Atlantic Reporter, Second Series)

Callahan v. Dearborn Developments, Inc.

Opinion

Pee Cueiam.

We have examined the record and briefs in this matter and, after considering the proof in the most favorable light to the plaintiffs, have concluded that the judgment should be affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division. We limit the affirmance, however, to a determination that the evidence submitted failed to make out a case within conditions (,a) and (b) of Section 339 of the Restatement, Torts, which is cited in that opinion.

For affirmance—Chief Justice Weinteaub, and Justices Bueldstg, Jacobs, Peaüstcis, Peoctoe, Hall and Schet-TI3STO—-7.

For reversal—Hone.

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