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BOODY v. GOOD BROS.

31 N.J. Super. 439 (1954)

107 A.2d 31

JOSEPH BOODY, 3RD, A MINOR BY HIS FATHER AND NEXT FRIEND, JOSEPH BOODY, 2ND AND JOSEPH BOODY, 2ND, IN HIS OWN RIGHT, PLAINTIFFS-APPELLANTS, v. GOOD BROS., INC., A CORPORATION, DEFENDANT-RESPONDENT. JOSEPH BOODY, 3RD, A MINOR BY HIS FATHER AND NEXT FRIEND, JOSEPH BOODY, 2ND AND JOSEPH BOODY, 2ND, IN HIS OWN RIGHT, PLAINTIFFS-APPELLANTS, v. JOHN M. WILSON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 26, 1954.

Attorney(s) appearing for the Case

Mr. Warren C. Douglas (Mr. Walter S. Keown, of counsel) argued the cause for plaintiffs-appellants (Mr. N. Thomas Smaldore, attorney).

Mr. Samuel P. Orlando argued the cause for defendant-respondent Good Bros., Inc. (Messrs. Orlando, Devine & Tomlin, attorneys).

Mr. Sidney P. McCord, Jr., argued the cause for defendant-respondent John M. Wilson (Messrs. Starr, Summerill & Davis, attorneys).

Before Judges SMALLEY, PROCTOR and GRIMSHAW.

The opinion of the court was delivered by PROCTOR, J.S.C.

The plaintiffs appeal from judgments of dismissal entered on motions of the defendants upon the close of plaintiffs' cases.

The infant plaintiff and his father brought an action against the defendant Wilson and also a separate action against the defendant Good Bros., Inc., which were consolidated for trial. The actions were to recover damages for personal injuries received by the infant plaintiff, five...

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