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ANDRYISHYN v. BALLINGER

61 N.J. Super. 386 (1960)

160 A.2d 867

MICHAEL ANDRYISHYN, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. ODELL BALLINGER, DEFENDANT-RESPONDENT, AND BAYONNE BLOCK CO., INC., DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 1960.

Attorney(s) appearing for the Case

Mr. Raymond Chasan argued the cause for plaintiff-respondent and cross-appellant (Messrs. Warren, Chasan & Leyner, attorneys; Mr. Lewis M. Holland and Mr. Joel A. Leyner, on the brief).

Mr. James P. Beggans argued the cause for defendant-appellant and cross-respondent Bayonne Block Co., Inc. (Messrs. Beggans and Keale, attorneys; Mr. Robert T. Tarleton, on the brief).

Mr. Edward M. Gurry argued the cause for defendant-respondent Ballinger (Messrs. Marley, Winkelried & Hillis, attorneys; Mr. Gurry, of Messrs. Gurry and Conlan, on the brief).

Before Judges GOLDMANN, FREUND and HANEMAN.

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

On December 3, 1956 plaintiff Michael Andryishyn, while crossing 21st Street in Bayonne, was struck by a truck being driven by defendant Ballinger. He brought an action in the County Court to recover damages for personal injuries, naming as defendants not only Ballinger, but also his wife, owner of the truck, and Bayonne Block Co., Inc., alleged to be Ballinger...

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