MAZZILLI v. SELGER


23 N.J. Super. 496 (1952)

93 A.2d 216

LOUIS MAZZILLI, PLAINTIFF-APPELLANT, v. ADAM SELGER AND FRANCES SELGER, DEFENDANTS-RESPONDENTS, AND KENNETH SELGER, DEFENDANT-CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1952.


Attorney(s) appearing for the Case

Mr. Robert C. Gruhin argued the cause for plaintiff-appellant (Mr. Morris Edelstein, attorney).

Mr. Elmer J. Bennett argued the cause for defendant-respondent Adam Selger (Messrs. Carpenter, Gilmour & Dwyer, attorneys).

Mr. George J. Kaplan argued the cause for defendant-cross-appellant.

Before Judges EASTWOOD, GOLDMANN and FRANCIS.


The opinion of the court was delivered by FRANCIS, J.C.C. (temporarily assigned).

On April 21, 1949 the cross-appellant Kenneth Selger, an infant nine years and ten months of age, fired a shotgun and wounded appellant Louis Mazzilli. Mazzilli then sued him for compensatory and punitive damages, and Adam Selger and Frances Selger, his father and mother, for compensatory damages. The trial court granted the motion of the father and mother for judgment in their favor...

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