MATHIAS EX REL. MATHIAS v. LUKE


37 N.J. Super. 241 (1955)

117 A.2d 177

ANTHONY MATHIAS, JR., AN INFANT BY HIS GUARDIAN AD LITEM, ANTHONY MATHIAS, SR., AND ANTHONY MATHIAS, SR., AND JOSEPHINE MATHIAS, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. EDWARD WILLIAM LUKE AND THE HOME OIL COMPANY, A CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided October 13, 1955.


Attorney(s) appearing for the Case

Mr. William R. Morrison argued the cause for defendants-appellants (Messrs. Morrison, Lloyd & Griggs and Mr. Gerald E. Monaghan, attorneys).

Mr. Jack Rinzler argued the cause for plaintiffs-respondents (Messrs. Feder & Rinzler, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.


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

This was an action brought primarily on behalf of a seven-year-old boy for damages for injuries sustained when struck by a truck while crossing a street in Lodi. There was a jury verdict for the boy for $15,000 and in favor of his parents for their consequential losses in the sum of $5,000. Defendants applied for a new trial on the ground "that the verdict was the result of a (sic) mistake, partiality...

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