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SCHULTZ v. HINZ

20 N.J. Super. 346 (1952)

90 A.2d 19

THOMAS SCHULTZ, AS ADMINISTRATOR, ETC., PLAINTIFF-RESPONDENT, v. JOHN S. HINZ, DEFENDANT-APPELLANT, AND NICHOLAS J. AMODEO, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1952.

Attorney(s) appearing for the Case

Mr. Joseph Keane argued the cause for the respondent (Messrs. Milton, McNulty & Augelli, attorneys).

Mr. Elmer J. Bennett argued the cause for the appellant (Messrs. Carpenter, Gilmour & Dwyer, attorneys; Messrs. Patrick A. Dwyer and James P. Beggans, of counsel; Mr. Milton A. Dauber, on the brief).

Before Judges EASTWOOD, BIGELOW and FRANCIS.

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

The plaintiff was injured and his wife killed in a collision between their automobile and a truck driven by the defendant Amodeo and owned by the defendant-appellant Hinz. The plaintiff, who sues individually and as administrator ad prosequendum, obtained a severance and proceeded to trial against Hinz alone. The jury returned a verdict in favor of plaintiff...

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