M. DIETZ & SONS, INC. v. MILLER


43 N.J. Super. 334 (1957)

128 A.2d 719

M. DIETZ & SONS, INC., A CORPORATION, PLAINTIFF-RESPONDENT, v. JAMES A. MILLER, DEFENDANT AND CROSS-CLAIMANT-RESPONDENT, AND FORD MOTOR COMPANY, A DELAWARE CORPORATION, DEFENDANT, AND FARR LINCOLN MERCURY, INC., A CORPORATION, DEFENDANT, AND APPELLANT ON PLAINTIFF'S CLAIM AND ON CROSS-CLAIM. MILTON LABA, PLAINTIFF-RESPONDENT, v. JAMES A. MILLER, DEFENDANT-RESPONDENT, AND FORD MOTOR COMPANY, A DELAWARE CORPORATION, DEFENDANT, AND FARR LINCOLN MERCURY, INC., A CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 14, 1957.


Attorney(s) appearing for the Case

Mr. Paul B. Thompson argued the cause for the defendant-appellant, Farr Lincoln Mercury, Inc. (Messrs. Emory, Langan, Lamb & Blake, attorneys).

Mr. Hymen B. Mintz argued the cause for plaintiffs-respondents, M. Dietz & Sons, Inc. and Milton Laba, and defendant-respondent, James A. Miller (Messrs. Kristeller & Zucker, Mr. Sol Herships, and Mr. Elias I. Cohen, attorneys).

Before Judges GOLDMANN FREUND and CONFORD.


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

On July 1, 1954 a car operated by plaintiff Laba was stopped for a red light on Belmont Avenue in Newark, with a truck of the plaintiff M. Dietz & Sons, Inc. standing behind it. A new 1954 Mercury automobile owned and operated by the defendant Miller ran into the rear of the Dietz truck, which, in turn, was rammed into the Laba car. These actions were brought in the Essex County District Court against Miller...

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