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MACCIA EX REL. MACCIA v. TYNES

39 N.J. Super. 1 (1956)

120 A.2d 263

FRANK MACCIA, AN INFANT BY VICTOR MACCIA, HIS GUARDIAN AD LITEM, AND VICTOR MACCIA, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. CHARLES TYNES, T/A CHARLES CLEANERS & DYERS, AND WILLIAM G. MAYO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 30, 1956.

Attorney(s) appearing for the Case

Mr. Ralph G. Mesce argued the cause for plaintiffs-appellants (Mr. Americus S. Muti, attorney).

Mr. Melvin B. Cohen argued the cause for defendants-respondents (Messrs. Lowenstein & Cohen, attorneys).

Before Judges CLAPP, JAYNE and FRANCIS.

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

This is an action arising out of an auto accident. The jury returned a verdict of no cause of action, and plaintiffs appeal. The adult plaintiff was driving an auto west on Central Avenue, East Orange, and his three-year-old son, the other plaintiff, was a passenger. At the time of the accident he was making a left turn into Sanford Avenue when his car was struck by defendants' vehicle which was going east...

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