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HIGGINS v. SCHNEIDER

61 N.J. Super. 36 (1960)

160 A.2d 165

TIMOTHY HIGGINS, AN INFANT, ETC., PLAINTIFF, AND CHARLES A. HIGGINS, PLAINTIFF-APPELLANT, v. WILLIAM A. SCHNEIDER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 1960.

Attorney(s) appearing for the Case

Mr. Stanley W. Greenfield argued the cause for appellant.

Mr. Edward C. Hillis argued the cause for respondent (Messrs. Marley, Winkelried & Hillis, attorneys; Mr. Joseph A. Horowitz, of counsel).

Before Judges CONFORD, FREUND and HANEMAN.

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

Plaintiff Charles A. Higgins appeals from a judgment of the Law Division, striking the second count of a two-count complaint filed by him both as guardian ad litem for his minor son, Timothy Higgins, and in his own right as father of the infant plaintiff.

In the first count of the complaint, filed on July 9, 1958, the infant plaintiff sought damages for personal injuries sustained on July 8,...

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