HELLSTERN v. SMELOWITZ


17 N.J. Super. 366 (1952)

86 A.2d 265

BRUCE HELLSTERN BY HIS GUARDIAN AD LITEM KARL HELLSTERN AND KARL HELLSTERN, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. LEON SMELOWITZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 25, 1952.


Attorney(s) appearing for the Case

Mr. Harry Chashin argued the cause for appellants (Messrs. Marcus & Levy, attorneys; Mr. Hyman W. Rosenthal, of counsel).

Mr. William V. Breslin argued the cause for respondent.

Before Judges McGEEHAN, JAYNE, and Wm. J. BRENNAN, JR.


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

This action arose out of the occurrence of a mishap on Virginia Avenue, at Paterson, on the afternoon of August 23, 1948. The defendant was the owner and operator of a motor vehicle proceeding on the avenue in a westerly direction, and just beyond the intersection of the avenue and East 19th Street the vehicle and the infant plaintiff, Bruce Hellstern, then five years, three months and 15 days of age, came into...

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