Gellenthin v. J. & D., Inc.

The opinion of the court was delivered by

Hekbeet, J. S. C.

(temporarily assigned). This case has been, tried twice. The first trial resulted in a dismissal at the end of the evidence for the plaintiff. On - appeal there was a reversal, Gellenthin v. J. & D., Inc., 62 N. J. Super. 224 (App. Div. 1960), and a new trial followed. The outcome of the second trial was a jury verdict in favor of the defendant and the plaintiff now appeals again.

The plaintiff’s claim arose out of a fall on an icy sidewalk in Cliffside Park, Bergen County. Early in the evening of December 5, 1957 he was walking east…