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MIJON v. ACQUAIRE

51 N.J. Super. 426 (1958)

144 A.2d 161

GLADYS M. MIJON, ARTHUR MIJON, ROY METZ, INDIVIDUALLY, ROY R. METZ, BY HIS GUARDIAN AD LITEM ROY METZ, ANNA METZ, DECEASED, BY HER ADMINISTRATOR AD PROSEQUENDUM ROY METZ, AND ROY METZ, GENERAL ADMINISTRATOR OF THE ESTATE OF ANNA METZ, DECEASED, PLAINTIFFS-RESPONDENTS-CROSS-APPELLANTS, v. VICTOR ACQUAIRE, DEFENDANT-APPELLANT-CROSS-RESPONDENT, AND HOWARD VAN SYCKLE, FRANKLIN LAKES DAIRY, INC., A NEW JERSEY CORPORATION, PETER GALDI, AND WESTWOOD TRANSPORTATION CO., A NEW JERSEY CORPORATION, DEFENDANTS-RESPONDENTS AND CROSS-RESPONDENTS, CONSOLIDATED WITH VICTOR ACQUAIRE, PLAINTIFF-APPELLANT, AND GEORGE ACQUAIRE, PLAINTIFF, v. ROY METZ AND GLADYS MIJON, DEFENDANTS, AND FRANKLIN LAKES DAIRY, INC. AND HOWARD VAN SYCKLE, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 30, 1958.

Attorney(s) appearing for the Case

Mr. Arthur J. Blake argued the cause for appellant-cross-respondent Victor Acquaire (Messrs. Emery, Langan, Lamb & Blake, attorneys; Mr. Blake, of counsel; Mr. H. Curtis Meanor on the brief). (Mr. Martin S. Mandon and Messrs. Kushner & Kleiner also filed a brief on behalf of Victor Acquaire as plaintiff-appellant (Mr. Ervan F. Kushner, of counsel; Mr. Robert Kleiner on the brief).)

Mr. William V. Breslin argued the cause for respondents-cross-appellants Gladys M. Mijon et als. (Mr. John D. Morrison, attorney; Mr. Breslin, of counsel; Mr. William J. Scanlon on the brief).

Mr. Charles A. Rooney argued the cause for respondents Westwood Transportation Co. and Peter Galdi (Mr. Gustave A. Peduto and Mrs. Marian V. Rooney-Sheehy on the brief).

Mr. William K. Miller argued the cause for respondents Franklin Lakes Dairy, Inc. and Howard Van Syckle (Mr. Albert M. Neiss, attorney and on the brief; Mr. Miller, of counsel).

Before Judges STANTON, HALL and GAULKIN.

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

The suits in which these appeals are taken arose out of a four-vehicle accident occurring at the intersection of Franklin Lakes Road and Colonial Road in the Borough of Franklin Lakes, Bergen County.

The underlying facts were not in dispute. Franklin Lakes Road runs east and west. It is a two-lane road with a white line down the middle. The paved portion is 20 feet wide, with narrow dirt shoulders on each...

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