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McSTAY v. PRZYCHOCKI

7 N.J. 456 (1951)

81 A.2d 761

GERTRUDE E. McSTAY, AD'X. AD PROS. AND GENERAL AD'X. OF THE ESTATE OF JAMES McSTAY AND FRANCIS J. McSTAY, JR., PLAINTIFF-RESPONDENT, v. EDWARD J. PRZYCHOCKI, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Reargued June 7, 1951.

Decided June 25, 1951.

Attorney(s) appearing for the Case

Mr. Harry Green argued the cause for the appellant (Mr. David Green, attorney).

Mr. John P. Nugent argued the cause for the respondent (Messrs. Nugent and Rollenhagen, attorneys).

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

This action arose out of a fatal accident which occurred on December 4, 1947, when James McStay, age 12, and his brother Francis J. McStay, Jr., age 10, were killed by an automobile operated by the defendant at a street intersection in the City of Bayonne. James died the same day and Francis the day after the accident. They were survived by their father, Francis McStay, age 39; their mother, Gertrude E. McStay...

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