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LUDWIG v. KIRBY

13 N.J. Super. 116 (1951)

80 A.2d 239

CHARLES EDWARD LUDWIG, BY HIS GUARDIAN AD LITEM, CHARLES E. LUDWIG, AND CHARLES E. LUDWIG, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. GEORGE KIRBY, FREDERICK BOHNE, RICHARD SYLSTRA, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1951.

Attorney(s) appearing for the Case

Mr. Maurice Levinthal argued the cause for the plaintiffs-appellants (Messrs. Ward & Levinthal, attorneys).

Mr. George F. Lahey, Jr., argued the cause for the defendant-respondent George Kirby (Messrs. Lahey & Gockeler, attorneys).

Mr. C. Stanley Smith argued the cause for the defendant-respondent Frederick Bohne (Messrs. Schenck, Price, Smith & King, attorneys; Mr. Francis J. Beyrent, of counsel).

Mr. James B. Emory argued the cause for the defendant-respondent Richard Sylstra (Messrs. Markley & Broadhurst, attorneys; Mr. Edward A. Markley, of counsel).

Before Judges FREUND, PROCTOR and ROGERS.

The opinion of the court was delivered by FREUND, J.S.C.

This action was brought to recover damages, by the plaintiff, Charles Edward Ludwig, a minor, 13 years of age, for injuries he sustained, and by his father, for medical expenses and loss of services. The appeal is from a judgment of dismissal entered in favor of the defendants, Bohne and Sylstra, upon the plaintiffs' opening to the jury; and in favor of the defendant, Kirby, at the conclusion of the plaintiffs...

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