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MILLER v. TRANS OIL CO.

33 N.J. Super. 53 (1954)

109 A.2d 427

CALVIN MILLER, PLAINTIFF-APPELLANT, v. TRANS OIL CO., A CORPORATION, AND JOSEPH SZABO, DEFENDANTS-RESPONDENTS, AND CHARLES SZABO, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1954.

Attorney(s) appearing for the Case

Mr. Francis M. Seaman argued the cause for plaintiff-appellant.

Mr. Charles A. Rooney argued the cause for defendants-respondents.

Before Judges CLAPP, JAYNE and FRANCIS.

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

This is an auto accident case, raising a question of evidence. The question is this: did the trial court err in admitting the testimony of a witness, Richard Hollyer, that perhaps a minute before the accident and about three-quarters of a mile away from it, he was passed by a car which he described as "similar" to the plaintiff's car and which was then proceeding toward the scene of the accident at a speed...

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