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DAILY v. SOMBERG

28 N.J. 372 (1958)

146 A.2d 676

ALPH DAILY, PLAINTIFF-APPELLANT, v. HAROLD M. SOMBERG AND JOHN J. FLANAGAN, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided December 1, 1958.

Attorney(s) appearing for the Case

Mr. Bernard Chazen argued the cause for the appellant (Mr. Nathan Baker, of counsel; Messrs. Baker, Garber & Chazen, attorneys).

Mr. H. Curtis Meanor argued the cause for the respondent Harold M. Somberg, and Mr. William P. Braun, Sr., argued the cause for the respondent John J. Flanagan (Mr. Arthur J. Blake, of counsel; Messrs. Emory, Langan, Lamb & Blake, attorneys for defendant-respondent Harold M. Somberg; Messrs. Braun & Hoey, attorneys for defendant-respondent John J. Flanagan).

The opinion of the court was delivered by JACOBS, J.

The plaintiff appealed to the Appellate Division from the summary judgment which the Law Division had entered in favor of the defendants. See Daily v. Somberg, 49 N.J.Super. 469 (1958). We certified on our own motion.

On January 14, 1954 the plaintiff was seriously injured in an automobile accident in Ohio. He was in an Ohio hospital for almost a month and...

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