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CAPONE v. NORTON

11 N.J. Super. 189 (1951)

78 A.2d 126

MARY CAPONE, ADMINISTRATRIX, ETC., PLAINTIFF-RESPONDENT, v. HENRY K. NORTON, TRUSTEE, ETC., DEFENDANT-APPELLANT. PETER PANEPINTO, ADMINISTRATOR, ETC., PLAINTIFF-RESPONDENT, v. HENRY K. NORTON, TRUSTEE, ETC., DEFENDANT-APPELLANT. RIDGEWOOD CLEANERS, INC., PLAINTIFF-RESPONDENT, v. HENRY K. NORTON, TRUSTEE, ETC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 1951.

Attorney(s) appearing for the Case

Mr. Louis Santorf argued the cause for the respondents (Mr. John A. Masiello, attorney for Mary Capone; Mr. August A. Azzolino, of counsel, and Mr. Benjamin P. Galanti, attorney, for Peter Panepinto).

Mr. Harry Nadell argued the cause for the respondent Ridgewood Cleaners, Inc. (Messrs. Cole, Morrill & Nadell, attorneys).

Mr. Charles S. Barrett, Jr., argued the cause for the appellant (Messrs. Lum, Fairlie & Foster, attorneys).

Before Judges JACOBS, EASTWOOD and BIGELOW.

The opinion of the court was delivered by BIGELOW, J.A.D.

In these cases, which spring from a fatal grade crossing accident, the principal question is whether the amount of damages fixed by the trial judge was excessive. Two other questions were also argued and these we will consider first.

One action was begun January 25, 1949, and the other the following day. Within ten days thereafter and before even filing...

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