RUTH v. FENCHEL


21 N.J. 171 (1956)

121 A.2d 373

JAMES R. RUTH, ET AL., PLAINTIFFS-RESPONDENTS, v. IRVING FENCHEL, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 21, 1956.


Attorney(s) appearing for the Case

Mr. Seymour Margulies argued the cause for appellant (Mr. Ezra L. Nolan, attorney; Mr. Maurice C. Brigadier of counsel; Mr. Margulies on the brief).

Mr. Eugene T. Sharkey argued the cause for respondents (Mr. John J. Wygant, attorney).


The opinion of the court was delivered by WILLIAM J. BRENNAN, JR., J.

In this automobile accident case Mrs. Ruth had a verdict of $2,000 for personal injuries. She was allowed a new trial as to damages only at which a verdict of $10,000 was returned in her favor. Defendant appealed to the Appellate Division, challenging the award of the new trial or, alternatively, its limitation to damages only, and asserting error at the...

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