KLOTZ v. LEE


36 N.J. Super. 6 (1955)

114 A.2d 746

HENRY L. KLOTZ, PLAINTIFF-RESPONDENT, v. HARRY P. LEE, JR., DEFENDANT-RESPONDENT, AND JOHN W. BREISH AND P.J. BREISH, T/A P.J. BREISH & SONS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 3, 1955.


Attorney(s) appearing for the Case

Mr. William C. Gotshalk argued the cause for defendants-appellants (Mr. Edward W. Eichmann, attorney).

Mr. Maurice Y. Cole argued the cause for defendant-respondent (Messrs. Cole & Cole, attorneys).

Mr. H. Albert Hyett argued the cause for plaintiff-respondent.

Before Judges GOLDMANN, FREUND and CONFORD.


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

On July 23, 1953 plaintiff was a passenger in a Nash automobile being driven by the defendant, Lee, in a northwesterly direction toward Mays Landing on a county highway referred to as the Somers Point-Mays Landing road. The car collided almost head-on with a Mercury station wagon proceeding in the opposite direction, driven by the defendant John W. Breish on the business of the defendant P.J. Breish. Both cars...

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