RISTAN v. FRANTZEN


26 N.J. Super. 225 (1953)

97 A.2d 726

LEO RISTAN AND CORA DARLING, PLAINTIFFS, v. CHARLES FRANTZEN AND OMAR LOLAND, DEFENDANTS. LEO RISTAN, PLAINTIFF, v. OMAR LOLAND AND CHARLES FRANTZEN, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 10, 1953.


Attorney(s) appearing for the Case

Mr. Theodore J. Labrecque argued the cause for the plaintiffs, Leo Ristan and Cora Darling (Messrs. Parsons, Labrecque, Canzona & Combs, attorneys).

Mr. Robert V. Carton argued the cause for the defendant-appellant (Messrs. Durand, Ivins & Carton, attorneys).

Before Judges EASTWOOD, BIGELOW and JAYNE.


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

The issue presented by this appeal is whether the defendants, Charles Frantzen and Omar Loland, may be held as joint tort-feasors, or whether the collision between the vehicles of Ristan and Loland and that between Ristan and Frantzen were so independent of each other, that having found liability as to both defendants, the jury should have assessed damages separately against each defendant.

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