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GREENBERG v. STANLEY

30 N.J. 485 (1959)

153 A.2d 833

MARVIN W. GREENBERG, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF AMY F. GREENBERG, DECEASED, DEBRA GREENBERG AND MARVIN W. GREENBERG, INDIVIDUALLY, PLAINTIFFS-RESPONDENTS, v. JAMES STANLEY, DEFENDANT-RESPONDENT, AND SAMUEL WALDOR, DEFENDANT-APPELLANT. JAMES STANLEY, PLAINTIFF-APPELLANT, v. SAMUEL WALDOR, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Reargued April 7, 1959.

Decided July 30, 1959.

Attorney(s) appearing for the Case

Mr. John J. Monigan, Jr., argued the cause for appellant and respondent Samuel Waldor (Messrs. Stryker, Tams & Horner, attorneys; Mr. Monigan, of counsel).

Mr. Abraham I. Harkavy argued the cause for appellant and respondent James Stanley (Messrs. Harkavy and Lieb, attorneys; Mr. Jerome S. Lieb, of counsel and on the brief).

Mr. Samuel A. Larner argued the cause for respondents Marvin W. Greenberg, etc., et als. (Messrs. Budd, Larner & Kent, attorneys; Mr. Larner, of counsel).

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

This litigation arose from a tragic accident which occurred on the sidewalk running along the west side of Elizabeth Avenue, a short distance south of the corner of Stengel Avenue, in Newark on June 26, 1956. Mrs. Debra Greenberg and a friend were wheeling their infant children in carriages on the sidewalk in a southerly direction. James Stanley was driving his automobile in the same direction near the westerly curb...

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