Hickman v. Dutch Treat Restaurant, Inc.

The opinion of the court was delivered by

Heher, J.

The case is here on certification for appeal by this Court, ex mero motu, to the Appellate Division of the Superior Court.

The action sounds in iori for negligence. On July 14, 1947, plaintiff suffered personal injuries in a fall down a cellar stairway on premises of respondent Asa Drew in Red Bank where he conducted a public restaurant under the name and style of “Dutch Treat Restaurant.” A jury was empanelled to try the issue; but there was a nonsuit at the close of plaintiff’s case for what the trial judge conceived was a conclusive showing…