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LIBERATORI v. YELLOW CAB CO. OF PHILADELPHIA

35 N.J. Super. 470 (1955)

114 A.2d 469

JOSEPHINE LIBERATORI, ET ALS., PLAINTIFFS-RESPONDENTS, AND CROSS-APPELLANTS, v. YELLOW CAB COMPANY OF PHILADELPHIA, A CORPORATION, AND CHARLES KELLEY, DEFENDANTS-APPELLANTS, AND WILLIAM LIBERATORI, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 1955.

Attorney(s) appearing for the Case

Mr. Meyer L. Sakin argued the cause for the defendants-appellants, Yellow Cab Company of Philadelphia and Charles Kelley.

Mr. Carl Kisselman argued the cause for the plaintiffs-respondents and cross-appellants (Mr. Joseph Asbell, attorney).

Mr. H. Hurlburt Tomlin argued the cause for the defendant-respondent William Liberatori (Messrs. Orlando, Devine & Tomlin, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.

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

The plaintiffs, Josephine Liberatori, her daughter Stella Matthews and her son James Liberatori, were all passengers in an automobile operated by another son, William Liberatori, one of the defendants. On a clear night they were travelling along the White Horse Pike from their home in Philadelphia to Sicklerville, New Jersey. As they reached Lawnside, New Jersey, William realized that they had forgotten his...

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