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MILLER EX REL. MILLER v. LINDE

33 N.J. Super. 41 (1954)

109 A.2d 290

HELEN MILLER, BY HER GUARDIAN AD LITEM, LARRY MILLER, DOLLY MILLER, BY HER GUARDIAN AD LITEM, LARRY MILLER, PLAINTIFFS-RESPONDENTS, AND CONSTANCE DUPSCHA, BY HER GUARDIAN AD LITEM, PATRICK CARR, AND LARRY MILLER AND PATRICK CARR, INDIVIDUALLY, PLAINTIFFS, v. ANDREW LINDE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1954.

Attorney(s) appearing for the Case

Mr. Jerome S. Lieb argued the cause for appellant (Messrs. Harkavy and Lieb, attorneys).

Mr. Baruch S. Seidman argued the cause for respondents (Mr. Seymour R. Kleinberg, attorney).

Before Judges GOLDMANN, FREUND and SCHETTINO.

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

This action arose out of a collision involving an automobile owned and operated by defendant Linde and one operated by plaintiff Dupscha, in which the infant plaintiffs, Helen and Dolly Miller, were passengers. Plaintiffs, by their guardians ad litem, sued for personal injuries suffered, and Mr. Miller and Mr. Carr sued per quod. Defendant denied negligence, and set up contributory negligence...

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