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TAHAN EX REL. TAHAN v. WAGARAW HOLDING CO.

28 N.J. Super. 436 (1953)

101 A.2d 38

ANN MARIE TAHAN, AN INFANT, BY HER GUARDIAN AD LITEM, GEORGE TAHAN, PLAINTIFF-APPELLANT, v. WAGARAW HOLDING COMPANY, AND BENGAR CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1953.

Attorney(s) appearing for the Case

Mr. Hyman W. Rosenthal argued the cause for appellant (Marcus & Levy, attorneys; Mr. Harry Chashin, of counsel and on the brief).

Mr. Samuel Doan argued the cause for respondents (Mr. Charles C. Stalter, attorney).

Before Judges CLAPP, GOLDMANN and EWART.

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

This is an appeal from a judgment of involuntary dismissal entered at the close of plaintiff's case and on defendants' motion pursuant to R.R. 4:42-2 (b) (formerly Rule 3:41-2). The court's decision was based upon failure of the plaintiff's evidence to make out a prima facie case requiring consideration by the jury.

Plaintiff, a girl of the age of 18 years and some months,...

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