BARTZAK v. JOHN W. McGRATH CORP.


23 N.J. Super. 301 (1952)

92 A.2d 819

MICHAEL BARTZAK, PLAINTIFF, AND ANNA BARTZAK, HIS WIFE, PLAINTIFF-APPELLANT, v. JOHN W. McGRATH CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 25, 1952.


Attorney(s) appearing for the Case

Mr. Louis J. Greenberg argued the cause for the appellant (Mr. Samuel M. Cole, attorney).

Mr. Paul J. O'Neill argued the cause for the respondent.

Before Judges FREUND, STANTON and CONLON.


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

This is a negligence action in which the plaintiffs are husband and wife. He seeks damages for personal injuries and she per quod consortium amisit. Her action was dismissed for failure to state a claim upon which relief can be granted. The husband's action is awaiting trial. She appeals from the dismissal.

The defendant at the outset calls attention to the fact that a final judgment has not...

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