Vollkommer v. Menge

The opinion of the court was delivered by

Heher, J.

The gist of this action is the negligent performance of a landlord’s gratuitous undertaking to repair the demised premises. There was a judgment for plaintiff; and defendant appeals. A prior judgment of nonsuit was reversed, and a venire de novo awarded, upon the ground that, due to an erroneous conception of the apposite legal principles, material evidence offered by plaintiff was barred. 116 N. J. L. 82.

The single point raised by the reasons for reversal is whether there is any basis in the proofs for the finding of negligence chargeable to…