Confirm favorite deletion?
Torts Keyed to Prosser
Rush v. Commercial Realty Co.
Citation:7 N.J.Misc. 337, 145 A. 476
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Mrs. Rush (plaintiff) was a tenant of Commercial Realty Co. (defendant), who owned and controlled the house that she lived in and also the adjoining house. Commercial Realty Co. provided a detached outhouse on the property for the tenants of both homes to use. One day, Mrs. Rush went to use the outhouse and while doing so, fell through the floor through “some sort of trap door.” She descended approximately nine feet into the accumulation at the bottom of the outhouse. She sued Commercial Realty Co. for negligent maintenance of the outhouse. At trial, she argued that the outhouse was in bad order and that Commercial Realty Co. had thereby failed in their duty of care as a landlord. Defendant filed motions for a nonsuit and directed verdict. The jury denied defendant’s motions and found for Mrs. Rush. Defendant appealed to the Supreme Court of New Jersey.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.