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CARIANNI v. SCHWENKER

38 N.J. Super. 350 (1955)

118 A.2d 847

EMANUEL CARIANNI, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF TINA CARIANNI, DECEASED, PLAINTIFF-APPELLANT, v. ROBERT F. SCHWENKER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 25, 1955.

Attorney(s) appearing for the Case

Mr. Francis Sorin argued the cause for plaintiff-appellant.

Mr. E. Burke Finnerty argued the cause for defendant-respondent (Messrs. Townsend & Doyle, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

Who is a "dependent" of the decedent, for purposes of the statute providing for recovery of damages on account of the death of a person by wrongful act, neglect or default of another? N.J.S. 2A:31-1, 4, 5. Where lies and who is to determine the line separating the surviving relatives of the decedent who are dependents from those who may sustain "pecuniary injuries" as a result of the death but...

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