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DILLMAN v. MITCHELL

13 N.J. 412 (1953)

99 A.2d 809

FREDERICK J. DILLMAN, ADMINISTRATOR AD PROSEQUENDUM, ETC., PLAINTIFF-APPELLANT, v. BETTIE FRASIA MITCHELL AND ALBERT J. MARKS, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided October 26, 1953.

Attorney(s) appearing for the Case

Mr. Victor H. Miles argued the cause for the appellant.

Mr. Paul J. O'Neill argued the cause for the respondent (Mr. Vance Towler on the brief).

The opinion of the court was delivered by OLIPHANT, J.

Plaintiff was the father of Richard Dillman, an infant of the age of 5 1/2 years, who was killed as the result of coming in contact with a motor vehicle owned by the defendant Bettie Frasia Mitchell and operated by the defendant Albert J. Marks, as he was crossing a street intersection in Elizabeth, New Jersey, on April 5, 1952.

Suit was brought by the plaintiff on behalf of the next of kin of the infant...

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