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DE PALMA v. DORN

21 N.J. Super. 415 (1952)

91 A.2d 261

JOHN DE PALMA, PLAINTIFF-RESPONDENT, v. JOHN DORN AND ROBERT McCABE, DEFENDANT-APPELLANT, AND MORRIS A. GRISEZ AND GENERAL FOODS CORPORATION, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided September 18, 1952.

Attorney(s) appearing for the Case

Mr. Abraham I. Harkavy argued the cause for appellant (Messrs. Harkavy & Lieb, attorneys; Mr. Andrew V. Clark, on the brief).

Mr. Forster W. Freeman, Jr., argued the cause for respondent (Messrs. Freeman, Buttermore & Freeman, attorneys).

Mr. Bernard Shurkin argued the cause for third-party defendants-respondents (Messrs. Sanderson & Engel, attorneys; Mr. Eugene W. Cullen, on the brief).

Before Judges JAYNE, PROCTOR and SCHETTINO.

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

This litigation arose out of the occurrence of automobile collisions on July 5, 1951, near the corner of 21st Avenue and Main Street in Paterson.

The aspects of the mishap may be described concisely. An automobile owned by Robert McCabe was being operated at about 11 A.M. by John Dorn in a southerly direction on Main Street. Motivated, it is said, by certain traffic conditions with which he was unexpectedly...

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