VOLKSEN v. KELLY


12 N.J. Super. 202 (1951)

79 A.2d 319

ROBERT W. VOLKSEN, BY HIS GUARDIAN AD LITEM, HANS H. VOLKSEN, AND HANS H. VOLKSEN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. THOMAS H. KELLY, DEFENDANT-RESPONDENT, AND ROBERT K. GARRABRANT, ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1951.


Attorney(s) appearing for the Case

Mr. James F.X. O'Brien, attorney for and of counsel with plaintiffs-appellants.

Mr. Gerald T. Foley, attorney for and of counsel with defendant-respondent.

Before Judges FREUND, PROCTOR and ROGERS.


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

This action was brought to recover damages for injuries to the plaintiff, Robert Volksen, 16 years of age, and the resulting loss to his father, Hans Volksen. The injuries were sustained by the infant plaintiff while riding his bicycle on Roseville Avenue between Sixth and Seventh Avenues, in the City of Newark.

At the end of plaintiff's case a judgment of involuntary dismissal was entered in favor...

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